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EPILEPSY ACTION
LEGAL & PRIVACY POLICY
Included
here:
DISCLAIMER & TERMS OF USE
COPYRIGHT STATEMENT
PRIVACY INFORMATION
DISCLAIMER
& TERMS OF USE
Terms
of Use
This
web site (Web Site) is owned and operated by
Epilepsy Action (Association). By accessing
or using the Web Site, you agree to accept and
comply with the terms, conditions, notices and
disclaimers contained in the following documents
and contained elsewhere on the Web Site (known
collectively as the Terms of Use).
Disclaimer
While
Epilepsy Action has used its best endeavours
to ensure that information, text, material,
images and graphics (Content) contained in and
accessed through the Web Site is correct and
current at the time of publication, we are not
responsible for errors, omissions or defects
in the Content, nor liable for any consequential
damages, in whole or in part, resulting from
your use or any user's use of or reliance upon
the Content or Content in any third party web
sites (Third Party Sites) linked to the Web
Site.
The
Web Site is not intended as a means of disseminating
medical advice. Content contained in or accessed
through the Web Site should not be relied upon
for medical purposes in any way. If medical
advice is required you should seek expert medical
assistance.
Limitation
of Liability
The
Web Site is provided by Epilepsy Action on an
'as is' basis. To the fullest extent permissible
by law:
Epilepsy Action does not make any representation,
warranty or endorsement of any kind, express
or implied, as to the operation of the Web Site
or the Content or products on Web Site;
Epilepsy Action expressly disclaims all warranties,
express or implied, including but not limited
to, implied warranties of merchantability and
fitness for a particular purpose;
Epilepsy Action does not warrant that the functions
on the Web Site will be uninterrupted or error-free,
that any defects will be corrected or that the
server which stores and transmits Content to
you is free of viruses or other harmful components;
and
Epilepsy Action does not warrant or make any
representation regarding your access to, or
the results of your access to, the Web Site
(including any Third Party Sites) or any Content
in terms of correctness, accuracy, timeliness,
completeness, reliability or otherwise.
Under
no circumstances (including but not limited
to any act or omission on the part of Epilepsy
Action) do we accept liability for any indirect,
incidental, special and/or consequential damages
or loss of profits resulting from any use or
access, or any inability to use or access, the
Web Site. You expressly acknowledge and agree
that Epilepsy Action does not exert control
over users of the Web Site (including individuals
referred to on the Web Site) and is not liable
either for their opinions or their behaviour
including any Content and/or advice and any
defamatory statements or offensive conduct.
Epilepsy
Action's
liability for breach of any implied warranty
or condition which cannot be excluded is limited
at the option of the Association to the following:
i. in the case of services, the supply of the
services again or the payment of the cost of
having the services supplied again.
ii. in the case of goods, the replacement of
the goods or the supply of equivalent goods;
the repair of the goods; the payment of the
cost of replacing the goods or acquiring equivalent
goods; or the payment of the cost of having
the goods repaired.
Third Party Sites and Advertising
This
site may contain links to Third Party Sites.
We are not associated or affiliated with any
Third Party Site and the Content in any Third
Party Sites is not produced by nor are they
the responsibility of the Web Site. We do not
not sponsor, endorse or support, in any way,
the goods, services or Content supplied by or
displayed on Third Party Sites.
Grant
of Licence by User to Epilepsy Action
By
placing any information or other material on
the Web Site including without limitation posting
messages, uploading files, inputting data or
engaging in any form of communication, subject
to the Privacy Policy, you grant the us:
a. a perpetual, royalty-free, non-exclusive,
irrevocable, unrestricted, worldwide licence
to:
i. use, copy, sublicense, redistribute, reproduce,
adapt, transmit, publish and/or broadcast, publicly
perform or display the information or material;
and
ii. sublicense to any third party the unrestricted
right to exercise any of the rights outlined
in sub-paragraph (i) above; and
b. the right to exploit all proprietary rights
in any information or material including, without
limitation, rights under copyright, trademarks,
designs and/or patent laws in any jurisdiction
worldwide.You agree to execute and deliver to
the Association all instruments and take all
action that may be required to carry out this
grant of licence.
Warranties
By
placing any Content on the Web Site including
without limitation posting messages, uploading
files, inputting data or engaging in any form
of communication you warrant that have obtained
all the necessary assignments or licences in
respect of any Content supplied by a third party
to you, including without limitation any authoring
tool, application software or other program
used in the development and production of the
information supplied.
COPYRIGHT
STATEMENT
Copyright and restriction on use of Content
© The Epilepsy Association 2002. All rights
reserved.
All
Content, software and advertisements on the
Web Site are protected by Australian and international
copyright and trademark laws.
Content
on the Web Site is published in real-time. Using
an industry standard Web browser, you may download,
display and browse the Content including making
copies in a temporary storage device necessary
to facilitate browsing and print hard copies
in unaltered forms for your own personal, non-commercial
use provided that you:
a.
do not download the Content in its entirety
as a single file;
b. do not modify the copy of the Content from
how it appears on the Web Site;
c. include the copyright notice '© The
Epilepsy Association 2002' in the copy of the
Content; and
d. comply with all provisions of the Copyright
Act 1968 (Cth) and all other relevant Australian
and international copyright and trademark laws.
You
must not otherwise modify, copy, reproduce,
adapt, frame, publish, transmit (including broadcast),
distribute, upload to a third party, link to
or otherwise use any of the material on the
site, including audio and video excerpts, except
as expressly permitted by law or with Epilepsy
Action's prior written consent.
You must not use the Web Site in any manner
or for any purpose that:
a.
is unlawful;
b. violates any rights of our organisation;
or
c. is prohibited by the Terms of Use.
Trademarks
You
may not use Epilepsy Action's trade marks in
connection with any product or service that
does not belong to us or in any manner that
is likely to cause confusion, or that disparages
or discredits our organisation.
You
may not use our trade marks in any way, including,
without limitation, in advertising or publicity
relating to distribution of materials, without
the express prior written permission of Epilepsy
Action.
All
other trade marks displayed on the Web Site
are trade marks of their respective owners.
Nothing contained on the Web Site should be
construed as granting a licence or right to
use of any trade mark displayed in the Web Site
without the express prior written permission
of Epilepsy Action or the owner of the relevant
trade mark.
Applicable Law
The
Terms of Use are governed by and to be construed
in accordance with the laws of New South Wales,
Australia and the Commonwealth of Australia.
You irrevocably and unconditionally agree to
submit to the exclusive jurisdiction of the
courts of New South Wales and Australia. If
any provision of the Terms of Use is found to
be invalid or unenforceable by a court of law,
such invalidity or unenforceability will not
affect the remainder of the Terms of Use that
will continue to have force and effect.
Epilepsy
Action makes no representation that the content
of the Web Site complies with the laws of any
country outside Australia.
All
rights not expressly granted herein are reserved.
PRIVACY
INFORMATION
Privacy
Statement
- This document (Privacy Information) describes the sort of information which we may collect about you
and explains what may happen to that information.
- Epilepsy Action Australia is committed to managing personal and health related information in a
manner upholding its legal obligations under the Privacy Act 1988. Epilepsy Action Australia has
used the National Privacy Principles to guide its approach to privacy protection.
About Us
Epilepsy Action Australia provides education and support services to children and adults with epilepsy
or other seizure disorders across Australia.
What is Personal Information?
Broadly, ‘personal information' is defined as any information held by Epilepsy Action Australia that
can identify you as a person.
Why does Epilepsy Action Australia Collect Personal Information?
- Epilepsy Action Australia only collects and maintains personal information about you that is pertinent
to its functions as a provider of epilepsy services for people living with epilepsy.
- Epilepsy Action Australia only collects information that is necessary to provide and deliver epilepsy
related services that are within the scope of the organisation.
- Epilepsy Action Australia has taken steps to ensure the information that it seeks from you is
absolutely necessary and in no way excessive or intrusive.
For what Purpose does Epilepsy Action Australia collect Information?
Epilepsy Action Australia collects health related information for many purposes including:
- The provision of epilepsy services
- Resource management of epilepsy servic
- Research
- Quality improvement
- Training
- Government funding
- Fundraising/Marketing (from time to time you may be contacted for marketing purposes,
if you do not wish to receive such material please phone 1300 37 45 37).
Will I be asked to consent before Personal Information is collected?
Ultimately, you are in control of information you choose to disclose about yourself and, Epilepsy
Action Australia will only collect information about you and from you with your consent.
What if I don’t provide consent?
- Epilepsy Action Australia will explain to you the main consequences, if any, if you refuse
to provide the information that it seeks.
- In some instances, refusal to provide consent may prevent us from being able to provide you
with the types of services and information that you need and seek.
How will Epilepsy Action Australia collect my Personal Information?
Epilepsy Action Australia will:
- Seek your consent before collecting any personal information from you.
- Only use fair and lawful ways to collect information.
- Inform you why the information is sought.
- Provide prospective clients with verbal / written information about privacy prior to
the commencement of services.
- Ask you to sign a consent form and/ or provide verbal consent during the client
intake process.
What if information held about me is inaccurate, incomplete or out-of-date?
- Epilepsy Action Australia will take all reasonable precautions to ensure that the personal
information we collect, use and disclose is accurate, complete and up-to-date.
- Epilepsy Action Australia depends on you to let us know about inaccurate, incomplete or
out-of-date information we hold about you. For example, we ask that you inform us if you
change your name after marriage and let us know if you change your address.
- Epilepsy Action Australia will take reasonable steps to destroy or permanently
de-identify personal information if no longer needed for the purpose for which it was collected.
Who will have access to my personal information?
- Epilepsy Action Australia has systems and processes to ensure your personal information is
protected from misuse.
- Your personal information will only be accessible by EAA staff members who need the
information to perform their duties or deliver services that you have requested.
What if I want to access information held about me?
- Epilepsy Action Australia has processes in place to enable you to access information held
by us about you. If you wish to access your personal information you should in the first
instance contact Customer Service on 1300 37 45 37.
IF YOU HAVE A PROBLEM
If you have an inquiry relating to privacy or
our Terms of Use, or if you have any problems
with our web site or a general problem or complaint,
please email us at epilepsy@epilepsy.org.au
1300 EPILEPSY
(1300 37 45 37)
Australia wide Priority Call
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