The Transplant Network – Website Terms & Conditions
Date of last revision: June 2023
1.1 The Transplant Network Incorporated (ABN 58 231 065 432) (TTN, we, us or our) is a registered charity which was established to improve the lives of those who undergo a transplant and everyone they will come to rely on throughout that experience.
1.2 TTN seeks to build a supportive community where all benefit from the personal testimonies of others. To that end, patients, families, donors and doctors have the opportunity to speak and tell their own powerful stories. This avenue of personal contribution both empowers and connects patients every step of the way.
1.3 In these TTN website terms and conditions (Website Terms), “you” and “your” refers to the person browsing, accessing or using the Site or the Services (as those terms are defined below).
2. Application and acceptance of these Website Terms
3. Acceptance of Website Terms
3.1 By browsing, accessing or using the Site or by using the Services provided through the Site, you acknowledge and warrant that you have read, understood and agree to be bound by these Website Terms and any additional terms and conditions notified to you from time to time. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing or using the Site or the Services provided through the Site.
3.2 These Website Terms form a legally binding agreement between us and you. If you do not agree to these Website Terms, you must immediately exit and not access or use the Site or the Services provided through the Site.
3.3 We may amend these Website Terms at any time and will take reasonable steps to bring any material changes to your attention, such as by posting the amendments on the Site. As you will be bound by any amendment to these Website Terms, you should review these Website Terms from time to time. By continuing to use the Site or using any Services after any amendment to these Website Terms, you will be deemed to have accepted the amended Website Terms. If any change has a detrimental effect on you, you may elect to cease accessing or using the Site or the Services provided via the Site.
4.1 The Site Content is intended to provide general information only (including general educational information about transplants and associated health issues). It does not provide (and TTN is not qualified to provide) professional or medical advice nor is the Site, the Site Content or the Services intended to be a substitute for medical advice. If you are in a medical emergency or need urgent medical attention, call 000.
4.2 While every effort is taken to ensure the information is accurate at the time it is published on the Site, we do not represent or warrant that the Site Content is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to specific circumstances (such as from your doctor or other registered health practitioner (within the meaning of that term in the Health Practitioner Regulation National Law)).
4.3 The information on the Site is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance and accuracy of its content, or, if necessary, seeking appropriate professional advice (including, where applicable, from a registered health practitioner) to assist them to understand and assess the Site Content.
4.4 Neither the Site Content, nor the Services, are to be taken as TTN promoting, endorsing or advertising any particular health practitioner, treatment option, therapeutic good or regulated health service.
4.5 If a person uses any Service that includes connecting the person to a registered health practitioner, that connection is made solely for the purpose of providing that person with the opportunity to obtain additional general educational information about the transplant process and associated health matters and does not replace the need for the person to seek their own specific medical advice from a doctor or other registered health practitioner.
5. Privacy and security
5.1 As a user of the Site we may collect your personal information, including if you sign-up to receive emails and/or newsletters regarding the Services, fill in a ‘contact us’ form, make a donation on the Site, or generate and upload any User Generated Content. Personal information we collect may include, but is not necessarily limited to:
5.1.1 your first name and last name;
5.1.2 your email address;
5.1.3 your phone number;
5.1.4 your address;
5.1.5 your interest in TTN (e.g., whether you are a transplant recipient, a donor family, or a medical professional);
5.1.6 your personal information, such as your opinions and your sensitive information, such as health information; and
5.1.7 any information you provide with a query or donation.
5.3 You confirm that all of the information you provide to us, including any personal information, will be complete, true and correct and that where any personal or health information you provide relates to a third party, you have the necessary agreements and consents of that third party to share the information.
5.4 You acknowledge that the internet is an inherently insecure communication medium, and your use of the Site is at your own cost and risk. You must take your own precautions to ensure that the processes which you employ for accessing the Site do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
5.5 By accessing the Site, you agree:
5.5.1 to treat as strictly confidential and only use the Site Content for the purposes expressly contemplated by these Website Terms;
5.5.2 not to, without the prior written consent of TTN, publish, use or otherwise disclose to any person any Site Content, except for the purposes expressly contemplated by these Website Terms;
5.5.3 to maintain adequate security for the Site Content while in your possession or control, including protecting the same against any use, disclosure, access, damage or destruction, which is inconsistent with these Website Terms; and
5.5.4 not to make use of the Site Content to the commercial, financial or competitive disadvantage of TTN.
5.6 You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Site.
6. User Generated Content
6.1 You may choose to share or submit information, including personal information, opinions, content and materials (User Generated Content) to the Site and/or TTN.
6.2 You acknowledge and agree that if you choose to submit or post User Generated Content, you must own or have the right to submit that User Generated Content. User Generated Content that you submit must be your own opinion. User Generated Content must not:
6.2.1 promote, endorse or advertise any particular health practitioner, treatment option, therapeutic good or regulated health service in a way that would contravene any law that applies to the person or to TTN;
6.2.2 claim to have been prepared, reviewed or endorsed by a health practitioner if the person who prepared, reviewed or endorsed it was not at the relevant time a registered health practitioner;
6.2.3 infringe any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
6.2.4 deceive or be likely to deceive any person;
6.2.5 be used to impersonate any person (including TTN) or to misrepresent your identity or affiliation with any person (including TTN); or
6.2.6 be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage any conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.
6.3 If you become aware or reasonably suspected that any User Generated Content on the Site may infringe these requirements, you must promptly notify us in writing.
6.4 You acknowledge and agree that User Generated Content that you submit or share on the Site may be seen, accessed and shared by others, and that TTN may:
6.4.1 edit or delete your User Generated Content;
6.4.2 link your User Generated Content to other material (including User Generated Content submitted by other users or material created by TTN and/or other third parties);
6.4.3 use your User Generated Content for its business purposes, for example, displaying your User Generated Content in our marketing materials or on the Site or social media pages; and
6.4.4 directly or indirectly benefit from your User Generated Content.
6.5 TTN does not promise to display any User Generated Content that you provide.
6.6 TTN does not claim ownership rights in your User Generated Content, however, by submitting your User Generated Content to the Site you are deemed to grant TTN (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to use, copy, modify, distribute, publish, communicate to the public and process that User Generated Content without further consent from, or notice and/or compensation to, you. By submitting and/or uploading your User Generated Content to the Site you consent to anything being done by TTN in respect of that User Generated Content that could otherwise amount to an infringement of your moral rights in such User Generated Content, and warrant that you have obtained such consent from all other authors of such User Generated Content.
7. Prohibited activities
7.1 When browsing, accessing or using the Site, including when a posting, submitting or accessing User Generated Content, you must not:
7.1.1 infringe the intellectual property rights or other rights of any person;
7.1.2 reproduce any Site Content without our express written permission;
7.1.3 seek reimbursement from any other party for access to the Site or on-sell any information obtained from the Site;
7.1.4 impersonate a health practitioner or claim to be a registered health practitioner if you are not at that time a registered health practitioner (as defined in the Health Practitioner Regulation National Law);
7.1.5 give or purport to give any medical, therapeutic or healthcare advice to any person;
7.1.6 engage in any conduct which:
(a) may be taken to promote, endorse or advertise any particular health practitioner, treatment option, therapeutic good or regulated health service in a way that would contravene any law that applies to the person or to TTN;
(b) is likely to mislead or deceive us or any other person, including impersonating any other person
(c) is illegal, offensive, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive;
(d) would encourage any conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate;
7.1.7 violate these Website Terms or any applicable law;
7.1.8 submit, post, upload, email or otherwise send or transmit to the Site, or any users of the Site, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Site;
7.1.9 access, retrieve, scrape, or index the Site or any Site Content using an automated device, software, process or other means; or
7.1.10 interfere with the Site or networks underlying or connected to the Site.
8. Intellectual property
8.1 Subject to clause 6.6, the entire contents and design subsisting in, relating to or arising out of the Site and available through the Site, including copyright, logos, trade marks, designs, text, graphics, images, videos, information, applications and other files, and their selection and arrangement (the Site Content) are the intellectual property of TTN or our licensors, with all rights reserved.
8.2 You must not do anything, or omit to do anything, which may infringe our intellectual property rights, or modify or disrupt the Site Content in whole or in part, except with our express written permission.
8.3 You must not reproduce, frame, transmit (including broadcast), duplicate, adapt, link to, licence or assign, or otherwise use any of the Site Content in whole or in part, including audio and video excerpts, except as expressly permitted by statute or with our express written permission.
8.4 No Site Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
8.5 You may view the Site and the Site Content using your web browser and save an electronic copy, or print out a copy, of parts of the Site solely for your own information, research or study, but only if you:
8.5.1 do not modify the copy from how it appears unless expressly authorised by us and then only in accordance with these Website Terms; and
8.5.2 include the copyright notice reasonably specified by us in writing on the copy.
8.6 When you send us any feedback or suggestions or complete a survey in relation to the Site, you agree that we can use any ideas, concepts, or techniques contained in the feedback, suggestions or survey responses. When you participate in any chat sites, forums or other activities involving the publication of User Generated Content that you provide in the public forum, you agree that we can reproduce, use and distribute those materials.
9. Linked Websites
9.1 We may provide links to the websites of third parties for your convenience (Linked Websites). TTN does not endorse and is not responsible for the availability, accuracy or content of Linked Websites.
9.2 The provision of links to Linked Websites does not mean that TTN endorses or recommends, or has any association with, the Linked Websites or the relevant third party goods and services.
9.3 You acknowledge and agree that we are not responsible for any of the content, availability, advertising, products, services or other materials of any Linked Websites, or any additional links contained on Linked Websites, or the conduct of any person associated with a Linked Website. Any Linked Websites are provided solely for your convenience. In using any Linked Websites, you acknowledge that you do so at your own risk.
9.4 Linked Websites may be subject to their own terms and conditions and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Website.
9.5 If you contact a third party using functionality provided on the Site, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
10.1 While we take reasonable steps to ensure the availability and security of the Site, you accept that the Site, the Services and all Site Content is provided on an ‘as is’ basis. We do not warrant that the Site will be continuously available and we will not be liable if the Site or any part of the Site is unavailable at any time or for any reason. We do not represent, warrant or undertake that the Site will be error, defect, ‘bug’ or ‘virus’ free and make no representations, warranties or undertakings with respect to the Site, the Site Content or the Services, including as to currency, accuracy or completeness.
11. Limitation of liability and indemnity
11.1 Nothing in these Website Terms is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation which may not be excluded, restricted or modified by agreement (Non-excludable Rights).
11.2 To the fullest extent permitted by applicable law, TTN will not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, including where attributable, directly or indirectly, to:
11.2.1 your access and use of this Site, the Services, or the Site Content, including any viruses or other malicious software that may affect you while you use the Site or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using the Site;
11.2.2 your reliance (or non-reliance) on any information obtained through the Site; or
11.2.3 your interactions with, and any advice, treatment or recommendations given by, any third parties (including health practitioners) that you became aware of through the Site, the Services or the Site Content.
11.3 To the maximum extent permitted by law, under no circumstances will TTN be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statue for any special, indirect, consequential, incidental or punitive damages, including damages for loss of opportunity, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
11.4 Our total maximum liability to you, howsoever arising, including in contract, tort (including negligence), in equity, under statute or otherwise, is limited in the aggregate for all claims to one hundred Australian dollars (AUD $100).
11.5 You indemnify us and our directors, officers, employees, contractors and agents (the Indemnified) from and against all actions, claims, suits, demands, damages, losses, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your conduct in breach of these Website Terms and any negligent or unlawful act or omission by you, unless (but only to the extent that) such action, claim, suit, demand, damage, loss, liability, cost or expense is directly caused by the relevant Indemnified’s wilful default, negligence or breach of these Website Terms.
12.1 Notwithstanding anything else in these Website Terms, TTN may immediately terminate your use of and access to the Services and / or the Site without notice or cause for any reason, in which case you must immediately cease to use and access the Site.
12.2 Reasons we may terminate your rights to use and access the Site include where:
12.2.1 you breach any of these Website Terms;
12.2.2 you have used the Site and/or the Services in a dishonest or fraudulent manner;
12.2.3 we cease to provide the Services or any Site functionality, in whole or in part;
12.2.4 our operational, business or contractual relationships with third parties require us to do so; or
12.2.5 we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.
12.3 Subject to applicable law, including the CCA, you acknowledge that neither we, nor any other person, will have any liability to you for any reason whatsoever arising from termination of your right to use and access the Site and / or the Services.
13.1 Entire agreement: These Website Terms, together with any additional terms and conditions set out on the Site from time to time, constitute the entire agreement relating to its subject matter and supersede and cancel any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
13.2 Trademarks: The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the Site are both registered and unregistered trademarks of TTN or its licensors. Nothing contained on this Site should be construed as granting any license or right to use any Trademark without the prior written permission of TTN.
13.3 Force majeure: We will not be in breach of these Website Terms or otherwise liable to you or any other person for any unavailability or failure of the Site, or the Services or any delay or other failure by us to comply with these Website Terms that is caused by or arises from any event or circumstances beyond our control.
13.4 Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Website Terms are cumulative and not exclusive of any rights, powers, privileges or remedies provided under any provision of these Website Terms or by applicable law or otherwise.
13.5 Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Website Terms will impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Website Terms will prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
13.6 Invalidity: Any clause or provision of these Website Terms held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a clause or provision as required by this clause, part or all of the provision or clause of these Website Terms will be severed from these Website Terms and the remaining clauses or provisions continue in force.
13.7 Inconsistency: If there is a contradiction or inconsistency between these Website Terms and any other notices, policies, communications or documents relating to our Site, or the Services, these Website Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
13.8 Assignment: Your rights and obligations under these Website Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Website Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Website Terms without notice to you.
13.9 Relationship of the parties: These Website Terms do not create or evidence a partnership or joint venture between us.
13.10 Interpretation: In these Website Terms, unless expressed to the contrary:
13.10.1 a person includes a firm, partnership, joint venture, association, corporation or other body corporate;
13.10.2 the word ‘includes’ in any form is not a word of limitation;
13.10.3 where a word or phrase is defined, another part of speech or grammatical form of that word of phrase has a corresponding meaning;
13.10.4 references to the singular include the plural and vice versa;
13.10.5 a gender includes all other genders; and
13.10.6 headings and sub-headings are for ease of reference only and do not affect the interpretation of these Website Terms.
13.11 Governing law: These Website Terms are governed by the laws of New South Wales, Australia. The Site may be accessed throughout Australia and overseas. TTN makes no representation that the Site Content complies with the laws of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and you are responsible for ensuring that your access to the Site is not illegal or prohibited by laws which apply to you.
14. Contact us
If you have any questions about these Website Terms or concerns about the Site, the Site Content or the Services, please contact us at:
THE TRANSPLANT NETWORK
Phone 1300 061 799
You can contact us 9am to 5pm, Monday to Friday AEST
Email [email protected]
The Transplant Network Incorporated is a registered charity with the ACNC. Donations over $2.00 are tax deductible.