Terms and Conditions — Staying Alive Foundation

TERMS OF USE

WELCOME

Welcome to Staying Alive Foundation! Our mission is to raise to create Heart Safe Communities across Australia by donating defibrillators and raising awareness and education with the 3-Steps to help save a life in case of a Sudden Cardiac Arrest (SCA) out-of-Hospital. As we are helping to create Heart Safe Communities, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.

TERMS AND CONDITIONS

This online platform (Platform) is provided by Staying Alive Foundation Pty Ltd (ABN: 24 657 295 040) (we, our or us). It is available via our website, www.stayingalivefoundation.au.

1 DISCLAIMER – NO MEDICAL ADVICE

(a) By accepting these Terms, you agree that our Content (defined below) and any information contained on our Platform, in our programs and/or generated through our audit checks is provided for general information purposes only, is not a substitute for professional medical and/or first aid advice or training and does not take into account your individual circumstances. While we do our best to keep the Platform up to date and accurate, you should be aware that new medical research and information is constantly changing accepted practices. You are solely responsible for determining the suitability of our Platform for your circumstances and your reliance on the Content is at your own risk. We strongly recommend you consult a medical professional and undertake hands on training with an accredited professional before using a defibrillator and/or providing any first aid.

(b) You should not disregard professional medical advice or delay in seeking advice because of something you have seen or read on the Platform. If you think you there is a medical emergency, you should call your local emergency number immediately.

2 Acceptance

If you access and/or use our Platform, you are taken to have agreed to these terms and conditions (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Platform immediately. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current terms.

3 Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including:

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(2) using our Platform to defame, discriminate against, harass, abuse, threaten, menace or offend any person;

(3) interfering with any user using our Platform;

(4) tampering with or modifying our Platform;

(5) knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

(6) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations;

(7) using our Platform to send spam; or

(8) facilitating or assisting a third party to do any of the above acts.

4 Intellectual Property rights

(a) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our in accordance with these Terms. All other uses are prohibited without our prior written consent.

(b) Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform and all of the information and materials available on it or in connection with it, including any programs, audit checks, text, graphics, images, resources and information (Content).

(c) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Content so that you can enjoy the Platform.

(d) Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

(e) Other than as expressly permitted by these Terms, you must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(1) copy or use, in whole or in part, any Content;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(3) breach any intellectual property rights connected with our Platform or any Content, including by:

(i) altering or modifying any of the Content;

(ii) causing any of the Content to be framed or embedded in another website; or

(iii) creating derivative works from the Content.

(f) Notwithstanding anything to the contrary in these Terms or elsewhere, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics).

(g) We, and our licensors, own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing

5 User Content

(a) You may post, upload or transmit relevant information and content, including any information, documentation or other data inputted by you into an audit check (User Content) on our Platform. By creating or making available any User Content through the Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to view, copy, transmit, store and back up and otherwise use and modify such User Content during the Term and for a reasonable period thereafter to:

(1) supply the Platform to you;

(2) diagnose problems with the Platform;

(3) enhance and otherwise modify the Platform;

(4) develop other services, provided we de-identify the User Content;

(5) as reasonably require to perform our obligations under these Terms.

(b) You agree that you are solely responsible for all User Content that you make available on or through our Platform.

(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) You acknowledge and agree that the operation of the Platform is reliant on the accuracy of your User Content, and the provision of inaccurate or incomplete User Content by you may affect the use, output and operation of the Platform.

(e) This clause 5 will survive the termination or expiry of these Terms.

6 Warranties and disclaimers

(a) You represent, warrant and agree that:

(1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms;

(2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; and

(3) to provide all assistance, information and documentation necessary to enable us to provide the Platform and that all information you provide to us in connection with the Platform will be true, accurate and complete.

(b) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(c) To the maximum extent permitted by law, we make no representations or warranties about our Platform or our Content, including (without limitation) that:

(1) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(2) access will be uninterrupted, error-free or free from viruses; or

(3) our Platform will be secure.

(d) You read, use and act on our Platform and our Content at your own risk.

7 Our liability is limited

(a) Despite anything to the contrary, to the maximum extent permitted by law:

(1) we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you or any third party, arising from or in connection with your use of the Platform or our intellectual property and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of- date; and

(2) our maximum aggregate liability arising from or in connection with the Terms will be limited to us resupplying the Platform to you or, in our sole discretion, paying you $10.

(b) This clause 7 will survive the termination or expiry of these Terms.

8 General

(a) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(b) Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

(c) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(d) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(e) Feedback and complaints: We are always looking to improve our Platform. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(f) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

(g) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email, or where it is not during business hours, 9am on the next business day.

(h) Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

(i) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(j) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(k) Third party information: Our Platform may contain information provided by, or links to websites operated by, third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for such information. You should make your own investigations with respect to the suitability of those websites.

(l) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

For any questions and notices, please contact us at:

Staying Alive Foundation Pty Ltd (ABN: 24 657 295 040)

Email: savinglives@stayingalivefoundation.au

Last update: 11 Jan 2023