Epilepsy Action Legal & Privacy Policy

DISCLAIMER & TERMS OF USE

Terms of Use

This web site (Web Site) is owned and operated by Epilepsy Action Australia (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 Australia 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 Australia on an ‘as is’ basis. To the fullest extent permissible by law:

  • Epilepsy Action Australia 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 Australia expressly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;
  • Epilepsy Action Australia 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 Australia 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 Australia) 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 Australia 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 Australia’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:

  1. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
  2. 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 Australia

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:

  1. a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to:
    1. use, copy, sublicense, redistribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material; and
    2. sublicense to any third party the unrestricted right to exercise any of the rights outlined in sub-paragraph (i) above; and
  2. 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 2011. 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:

  1. do not download the Content in its entirety as a single file;
  2. do not modify the copy of the Content from how it appears on the Web Site;
  3. include the copyright notice ‘© The Epilepsy Association 2011’ in the copy of the Content; and
  4. 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 Australia’s prior written consent.
You must not use the Web Site in any manner or for any purpose that:

  1. is unlawful;
  2. violates any rights of our organisation; or
  3. is prohibited by the Terms of Use.

Trademarks

You may not use Epilepsy Action Australia’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 Australia.

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 Australia 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 Australia 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

Epilepsy Action Australia – Privacy Statement

All personal information collected by Epilepsy Action Australia (ABN 61 000 533 791), (EAA, we, us) is protected by the Privacy Act 1988.  Personal information is any information that can be used to identify you and may include sensitive health information. This Privacy Policy embodies our commitment to protecting the privacy of personal information.

Note: From March 2014 the Australian Privacy Principles will replace the National Privacy Principles. Australian Privacy Principle 8 relates to cross border disclosure of personal information. All of your personal information and subscriber data is stored on servers within Australia only.

EAA follows the Australian Privacy Principles contained in the Privacy Act in handling personal information from clients/beneficiaries, business partners, donors, members of the public and EAA People (including members, volunteers, employees, delegates, candidates for volunteer work and prospective employees).

EAA has developed a Privacy Policy to protect your privacy. The Policy is available in hard copy on request, or may be downloaded using the link below, and contains detailed information about EAA’s responsibilities, your rights, and the information that may be collected by EAA and how it would be used.

The primary purpose for collecting personal information from you is to provide epilepsy services to people in need, including planning, funding, monitoring and evaluating our services. The kind of personal information we collect will depend on your relationship with EAA (e.g. as a client, donor, business partner, employee, volunteer or member, on line user of the EAA website).

We usually collect personal information directly from you. However, we sometimes collect personal information from a third party such as your carer, trustee or authorised representative or from a publicly available source, but only if:

  • You have consented to such collection or would reasonably expect us to collect your personal information in this way, or
  • If it is necessary for a specific purpose.

We only collect personal information for purposes that are reasonably necessary for one or more of our functions or activities.

Your personal information may be used to:

  • Provide you with goods or a service.
  • Provide you with educational information on epilepsy care and awareness.
  • Report to government or other funding bodies how the funding is used.
  • Process your donation or purchase and provide receipts.
  • Communicate with you about how your donation is used or about EAA  services, causes, events, products and services, which we believe may be of interest to you.
  • Respond to your feedback or complaints.
  • Answer your queries.

It may also be used for:

  • Any other purpose for which it was requested and which was advised to you.
  • Directly related purposes.

Please be assured that wherever possible EAA uses information in a de-identified form. Personal information will not be disclosed to third parties without your permission, except where permitted or required under the Privacy Act.

We take steps to protect all personal, sensitive and health information and government related identifiers held by EAA against misuse, interference, loss, unauthorised access, modification and disclosure.

You can access the personal information that we hold about you, and you can ask us to correct the personal information we hold about you. For more information, see our Privacy Policy – ‘right to access your information’.

If you are listed on one or more of our network email lists you can opt out at any time. You can unsubscribe by using the ‘unsubscribe’ options noted in our emails.

How to contact us 

For further information contact us at:
Telephone: 1300 37 45 37
Post: PO Box 879 Epping NSW 1710
Email: epilepsy@epilepsy.org.au

Click here to access the Privacy Policy in PDF format.