Wellsprings for Women Inc
Terms of Use of Website
The website is owned and operated by Wellsprings for Women Inc ABN 18 282 739 596 (“Wellsprings”) under the domain name www.wellspringsforwomen.com
All users of this website agree that access to and use of this website are subject to the following terms together with the Wellsprings Privacy Policy on this website. By entering this website you agree to be bound by these terms and Privacy Policy and any other notices accepted by you on this website.
If you do not agree to these Terms of Use do not access this website or use any of its services.
Applicable Law and Jurisdiction
Your use of this site shall be governed in all respects by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding directly or indirectly arising out or relating to this site.
Review of Terms
These terms and conditions are subject to change from time to time, such changes to be effective upon posting on this website. Your continued use of the website after any such changes will indicate your acceptance of such changes. Please regularly check these pages for any alterations.
Copyright
The entire content of this site including but not limited to website design, text, graphics, photographs, images, artworks, illustrations, caricatures, sound, software or code is the property of Wellsprings and/or its content supplier and protected by Australian and international copyright laws. Any other use, including but not limited to the reproduction, transmission, adaptation, publication, broadcast or distribution of the content of this site is strictly prohibited unless expressly permitted by Wellsprings or expressly permitted by law.
Trademarks
All names, logos and trademarks are the property of Wellsprings or the third parties who have contributed to this website. Nothing on the website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of Wellsprings or the relevant contributor. Nothing displayed on the website should be construed as granting any licence or rights to use any name, logo or trademark without the express written permission of Wellsprings or the relevant third party contributor.
Disclaimer
This website provides general information about Wellsprings and its various programs, activities and services. While Wellsprings has made every effort to ensure that such information is accurate and free from defect, Wellsprings provides this website and its contents on an "as is" basis. So far as is permitted by law, Wellsprings and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this website or its contents, including without limitation the programs, activities and services offered or sold on or through this website or any other website to which this website links and the uninterrupted and error-free use of this website. So far as is permitted by law, Wellsprings and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Wellsprings and its affiliates do not warrant that the website or files available on the website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Wellsprings or its affiliates will create any warranty not expressly set forth herein. Your use of this website and any linked website is at your sole risk.
Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, Wellsprings and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability
· for any incorrect or inaccurate information,
· for any unauthorized access to or disclosure of your transmissions or data,
· for statements or conduct of any third party on the site, or
for any other matter relating to this site or any linked site.
This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages.
Subject to any legislative rights that may not be excluded restricted or modified by agreement, the sole and entire maximum liability of Wellsprings and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from Wellsprings.
Indemnity
You agree to indemnify, defend and hold harmless Wellsprings and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the site, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
Third-party links
Wellsprings may link to sites operated by third parties. You acknowledge that the inclusion of links in this site is not intended as an endorsement or recommendation of the linked site or the content of such sites. Even if the third party is affiliated with Wellsprings, Wellsprings has no control over these linked sites. You should read carefully the terms and conditions and privacy policy that appear on any website linked to the Wellsprings website. These websites are accessed entirely at your own risk.
Use of website
You agree to use this website only for lawful purposes, and that you are responsible for your use of and communications on the website. You agree not to use this website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the website or material thereon.
You further agree that you will not access by any means except through the interface provided by Wellsprings for access to the site. You agree that you will not access this site from any country or territory where its contents are illegal, and that you, and not Wellsprings and its affiliates, are responsible for compliance with applicable local laws.
You agree that Wellsprings may terminate or suspend your access to all or part of this website, without notice, for any conduct that Wellsprings, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Wellsprings or its affiliates.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Waiver
The failure of Wellsprings or its affiliates to insist upon strict adherence to any of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of these Terms of use.
Miscellaneous
The provisions above relating to Copyright, Trademark, Limitation of Liability, Indemnity and Applicable Law and Jurisdiction shall survive the termination of these terms and conditions.
Persons appearing in photographs on this site do so of their own volition and with their express permission in writing.
These Terms of Use supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the use of this website. You agree to review these terms prior to your use of this website and your use of this website shall be deemed acceptance of and assent by you to these terms.
Privacy Statement
Wellsprings for Women Inc ABN 18 282 739 596 (“Wellsprings”) is committed to protecting your privacy.
Wellsprings is subject to the provisions of the Health Records Act 2001 (Vic) and the Information Privacy Act 2000 (Vic) and observes the National Privacy Principles under the Privacy Act 1988 (Cth). We are committed to handling personal information in a way that protects the right to privacy of individuals whilst complying with a range of contractual, regulatory and legislative requirements.
This Privacy Statement applies to personal information about the students and participants in our education and activity programs, volunteers, contractors, consultants, supporters, job applicants, employees and members of the public.
In this Statement personal information means information recorded in any form, which identifies a person or describes them in a way that their identity can be determined. This includes paper and electronic records, photographs, video recordings etc and includes both facts and opinion, if it is about an identifiable person. Personal information also includes health information and sensitive information as those terms are defined in the Information Privacy Act 2000 (Vic).
Personal information collected
Wellsprings collects personal information that you provide to us directly, as well as from publicly available sources and third parties such as those identified in the "use and disclosure of personal information" section below.
In certain circumstances we may collect health information and sensitive information. We will only collect this information when you provide it voluntarily, consent to us collecting it or as otherwise authorised by law.
We are sometimes required to collect personal information by laws such as the Children Youth and Families Act 2005 (Vic) and the Working With Children Act 2005 (Vic).
We will generally collect personal information about an individual by way of forms filled out by staff members, volunteers, students, participants, or job applicants, face to face interviews, email enquiries and telephone calls.
If you apply for a fee reduction we are required to ask for proof of your entitlement.(eg your Health Card number or Centrelink status). This information is sighted by the person doing enrolments and entered on the enrolment form.
If it is reasonable and practicable to do so people may access information and services about Wellsprings without providing personal details.
Use and Disclosure of Personal Information
Wellsprings may, use and disclose your personal information for purposes including:
· For assessing the needs of prospective participants and students;
· To manage, administer and evaluate our programs and services;
· To assess any application by volunteers, contractors or employees;
· To facilitate the management of Wellsprings including communication between Board members, employees and participants;
· To process and record receipts from donors and supporters
Unless you opt out, to send out information about Wellsprings including our newsletters, reports, invitations and requests for support.
In some circumstances Wellsprings is required to disclose your personal information including sensitive and health information to:
· Government departments or agencies as part of our legal and funding obligations;
· Local Government for planning purposes;
· Organisations providing services related to staff entitlements and employment;
· Insurance providers in relation to specific claims;
· Law enforcement agencies;
· Health organisations and/or family in circumstances where the person requires urgent medical assistance and is incapable of giving permission;
· Anyone to whom the individual authorises Wellsprings for Women inc. to disclose information.
· In all circumstances Wellsprings will only collect the information necessary to fulfill our obligations and functions as detailed above.
Access to Information and Updating Personal Information
Wellsprings takes all reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date and relevant to our functions and activities.
If you wish to view or alter your personal information, please contact the Centre Manager (details below). We ask that you specify the type of access you require and provide us with as much detail as possible about the information you are seeking. If you are not known to the employee, manager or Board Member handling the request, you will be required to provide a visible form of identification.
The employee, manager or Board Member receiving the request will record the request and the date received. Each request will be acknowledged within 14 days. Request will be complied with within 30 days. However there could be a delay in responding if the timeline occurs over a period when the Wellsprings Centre is closed.
In some circumstances, Wellsprings may not be required by law to provide you with access or to correct your personal information. If that is the case we will provide you with reasons for our decision in writing.
Security of Personal Information
Irrespective of whether personal information is stored electronically or in hard copy form, we take reasonable steps to protect personal information we hold from misuse and loss and from unauthorized access, modification or disclosure.
Disposal of Personal Information
We will not store personal information longer than necessary. In disposing of information we will ensure that it is either shredded or destroyed in such a way that no one can access the information.
Information for website users
If you visit the Wellsprings website to read, browse or download information, our system may record information such as the date and time of your visit to the website, the pages accessed and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes only. Our website may use “cookies” from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browswer to enable our systems to recognize your browser. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. Please note that no data transmission over the internet can be 100% guaranteed. While we take great care to protect your personal information on our website, we cannot ensure or warrant the security of any information you send to us or receive from us online.
This site may contain links to other sites. Wellsprings is not responsible for the privacy practices or the content of such websites.
Our privacy policy covers the privacy practices for the Wellsprings website, but does not extend to links to other websites. When you leave the Wellsprings website (www.wellspringsforwomen.com) you will be going to sites that are beyond our control. These other sites may send their own cookies to users, collect data or solicit personal information.
Contact Us
If you have any queries please contact the Centre Manager on (03) 9701 3740 or write to 79 Langhorne Street, Dandenong 3175. For information about privacy generally you can contact the Office of the Federal Privacy Commissioner on 1300 363 992 or via http://www.privacy.gov.au.
