terms of use

This website located at http://www.thisplaceisyours.com (Website) is owned and operated by This Place is Yours Incorporated (INC 9896731) (Company, we, us, our) of Avoca Beach NSW 2251. This Place is Yours also operates on all mobile devices.

The Website and the Other Platforms are referred to throughout these Terms of Use as the “Website”.

The Company also owns or is the authorised licensee of the following domain names linked to the Website:

www.thisplaceisyours.com

A reference to Website in these Terms of Use includes each of the domain names listed above, unless the context indicates otherwise.

Your access to and use of the Website is subject to these Terms of Use and any other terms, conditions, notices or disclaimers we place on the Website. In the event of any inconsistency between these Terms of Use and any other terms, conditions, notices or disclaimers contained on the Website, the provisions of these Terms of Use shall prevail but only to the extent of such inconsistency.

By accessing and using the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Website, following the posting of changes to these Terms of Use will mean you accept those changes.

To report any problems regarding this Website, please contact the Company at connect@thisplaceisyours.com. (Contact Us).

PRIVACY POLICY

The Company Privacy policy is incorporated into and forms part of these Terms of Use.  Please read the Company Privacy policy set out in a separate document on this Website.

PURPOSE OF THE WEBSITE

The Website has been established to enable people to sharelife experiences, including those related to mental health.

The Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should consider seeking the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances. You should follow professional medical advice, or seek it promptly despite any information contained on this Website.

RIGHT TO USE WEBSITE MATERIAL

COPYRIGHT

All right, title and interest (including copyright) in all information, text, material, designs, logos, insignia, audio and/or video material and excerpts, graphics and other images, computer programs, code (including HTML), URLs, advertisements, photographs, illustrations, other works or subject matter (Material) provided by Company and appearing on the Website (Website Material) is owned by the Company or its licensors.

You are granted the non-exclusive, non-assignable, non-transferable, limited right to use the Website and the Website Material only in the manner set out in these Terms of Use. You may access and use the Website and Website Material only for your personal and non-commercial use. Nothing in these Terms of Use or on the Website will grant you ownership of the Website Material (or any intellectual property rights in them).

You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website or the Website Material in any way.

Subject to these Terms of Use, the Company grants you a revocable and non-exclusive licence to:

(a)            view the Website and its contents using a web ‘browser’;

(b)            save a single electronic copy of the Website Material for your personal, non-commercial use;

(c)             print out a single copy of the Website Material for your own personal, non-commercial use; and

(d)            download one copy of the Website Material on a single computer for your personal, non-commercial use only.

(e)            display the Website Material on any computer, system or network which permits electronic access to the Website Material by more than one user at a time for their personal, non-commercial use only;

(f)              modify, merge, adapt or translate Website Material for your personal, non-commercial use only (‘Derivative Material’);

(g)             create one or more Derivative Material for your personal, non-commercial use only;

(h)            display the Derivative Material on any computer, system or network which permits electronic access to the Derivative Material by more than one user at a time for their personal, non-commercial use only; and

(i)              transmit the Website Material and the Derivative Material (whether by email or otherwise) to any third party for their personal, non-commercial use only.

Modification of the Website Material or use of the Website Material and Derivative Material for any purpose other than those set out above is a violation of the intellectual property and/or other proprietary rights of the Company or its licensors.

RESTRICTIONS ON USE OF WEBSITE MATERIAL AND DERIVATIVE MATERIAL

LIMITED USE

You may not use or copy the Website Material other than as expressly provided by these Terms of Use and you may not:

(a)            use, sell, assign, rent, sub-licence or otherwise deal in the Website Material or the Derivative Material except as expressly permitted by these Terms of Use; or

(b)            copy any Website Material or Derivative Material onto any website operated by yourself or any third party.

ATTRIBUTION AND NOTICE REQUIREMENTS

When you publish or transmit any Website Material or Derivative Material, you must keep intact all copyright notices for the Website Material.

When you publish or transmit any Website Material or Derivative Material you must provide, in a manner reasonable to the medium or means you are using:

(a)            the name of the Company as original author of the Website Material and/or of any other party that Company has requested be attributed (such as in the copyright notice or terms of use).

(b)            the title of the Website Material (if provided); and

(c)             to the extent reasonably practicable, any uniform resource locator or identifier (such as a web link) that Company specifies should be associated with the Website Material that refers to the copyright notice or licensing information for the Website Material.

For any Derivative Material you publish or transmit, you must take reasonable steps to clearly identify which changes were made to the Website Material.

You must, to the extent practicable, remove any attribution to the Company and its licensors from any Derivative Material if requested to do so by Company.

By exercising your rights under these Terms of Use, you must not assert or imply:

(a)            any connection between Company and you or your use of the Website Material and the Derivative Material; or

(b)            sponsorship or endorsement by Company of you or your use of the Website Material and the Derivative Material,

without the Company’s separate, express prior written permission.

TRADE MARKS

Unless otherwise stated, all trade marks or service marks, (registered, unregistered or pending registration) and trade names are proprietary to the Company, its affiliates or licensors. You must not use such trade marks, service marks or trade names except for:

(a)            printing out a single copy of the Website for your personal, non-commercial use; or

(b)            otherwise with the written consent of the Company.

YOUR RESPONSIBILITIES

USER MATERIAL

User Material’ means stories, ideas, notes, drawings, concepts, reviews, comments, photos, paintings, videos, podcasts or any other information uploaded or posted by you on the Website.

By uploading your User Material to the Website or submitting any User Material to the Company or the Website, you automatically grant (or warrant that the owner of such rights has expressly granted) the Company a perpetual, royalty free, irrevocable, non exclusive right and license to use, copy, store, review, amend, reproduce, communicate to the public, modify, edit, adapt, publish, translate, create derivative works from, and distribute such User Material or incorporate such User Material into any form, medium, or technology now known or later developed throughout the universe. This grant includes the right to exploit intellectual property rights under any jurisdiction worldwide.

None of your User Material shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any User Material or be obliged to make any payment to you in respect of its use of the User Material.

You consent to the Company (and its successors in title, licensees, assignees and persons authorised by the Company) doing any act or omitting to do any act comprised in any or all of your ‘moral rights’ (including rights of integrity of authorship, rights of attribution of authorship and similar rights that exist or may come to exist anywhere in the world) arising out of or in connection with the use of the User Material in any manner and in any media now known or devised in the future, regardless of whether such conduct amounts to derogatory treatment. If requested by the Company and at your expense you will execute such documents so as to give effect to the grant of rights and consent in these Terms of Use.

PERMITTED USE

You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use.

It is your responsibility to ensure that your use of the Website complies with the Terms of Use and to seek prior written permission from the Company for any uses not expressly permitted.

The Company prohibits the use of the Website for any of the following:

(a)            transmitting or posting any User Material that is libellous, defamatory, harassing, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which otherwise in the Company’s opinion infringes the rights of Company or any other party or which the Company otherwise considers to be objectionable or to constitute or encourage a criminal offence, incite hatred in a person or group, violate the rights of any party, restrict or inhibit any other user from enjoying the Website, or otherwise to give rise to liability on the part of any other user of the Website or the Company or to violate any law;

(b)            place on the Website or transmit to or through the Website any User Material which contains a computer virus, worm or any other computer code which may adversely affect the Website Material, performance or functionality of the Website or any other website, software, system or equipment of the Company or any other person or entity;

(c)             impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;

(d)            posting or transmitting any User Material that you do not have a right to reproduce, display or transmit or that infringes the rights of any person or entity;

(e)            using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website;

(f)              attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Website Material;

(g)             without our approval distribute or otherwise publish any User Material containing any solicitation of funds, promotion, advertising or solicitation for goods or services.

If a breach of these conditions of use and access to the Website is brought to the Company’s attention, the Company may at its option reject, refuse to post or remove User Material from the Website or prohibit a user from accessing the Website. In any event, the Company reserves its absolute right to withdraw permission for a user to access the Website at any time.

MODERATION PROCESS

When you submit your User Material, each contribution will be reviewed by a representative of the Company to check that it conforms to the Terms of Use. If it complies, your User Material will be posted on the Website. However, the Company reserves the right to not publish any User Material on the Website that does not comply with the editorial policies of the Company or conform to the Terms of Use. You acknowledge that the Company retains the right to edit or take down User Material that the Company may have allowed to be published or posted and that the Company may suspend you from participating on the Website in the Company’s sole discretion.

You acknowledge that the views and opinions expressed on the Website may be those of other users of the Website which are not necessarily shared by the Company and the Company does not endorse any User Material or any opinion, recommendation, or advice contained in them.

INFORMATION APPEARING ON THE WEBSITE

While the Company has taken due care in compiling the information on this Website, it has been prepared at least in part by third parties and therefore the Company makes no representations about the accuracy, reliability, completeness or timeliness of the information.  The Company does not necessarily endorse or approve the recommendations, assumptions and conclusions that may appear on this Website from time to time.

Any and all use of the information on this Website is at your own risk and the Company relies on the limitation of liability provisions in these Terms of Use in connection with any reliance made by you on such information and other Website Material.

USER ACCOUNT

You may be permitted to login in order to access certain information on the Website.  You cannot use another person’s User Account and must immediately Contact Us to notify us of unauthorised use of your User Account.

DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

DISCLAIMER

The Website is a peer to peer community where no one gives professional advice. If you are in need of immediate help, please contact Lifeline on 13 11 14 or the emergency services on 000.

To the extent permitted by law, the Company will not be liable in any way for any loss or damage suffered by you through your use of the Website (including the Website Material, the Derivative Material and the User Material).

To the extent permitted by law, the Company makes no representation or warranty of any kind, either (express or implied):

(a)           that the functions contained in any Website Material or other Material will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of computer viruses, worms or any other computer code which may adversely affect the content, performance or functionality of the computers of users of the Website or any other website, software, system or equipment of such users or of any other party;

(b)            that you may access the Website; or

(c)             that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful.

The inclusion of any advertising or other information or third party material on any page of the Website which promote products or services to be supplied by a party other than the Company (‘Sponsor’) does not imply that the Company endorses or recommends any such Sponsor, product or service.

While all reasonable care has been taken in publishing and maintaining the Website, the Company and Sponsors of any Material presented on the Website accept no liability or responsibility whatsoever for, or in respect of, any use of the Website or any reliance upon Material contained on the Website or any linked website. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

The Company will not be liable for any loss resulting from any action or decision by you in reliance on the Material on the Website, nor any interruption, delay in operation or transmission of the Website.  You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website.

You irrevocably waive any right which you have or which you may in the future have to make any claim or demand or institute any legal or quasi legal proceedings against the Company based on the contents of any User Material included on the Website.

You expressly acknowledge and agree that the Company does not exert control over all users of the Website and the Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

You expressly acknowledge that the Company is not liable for any information or advice offered by any third party appearing or participating in a video, podcast or discussion on the Website.

LIMITATION OF LIABILITY

To the extent permitted by law, the Company, its related bodies corporate and their officers, employees, contractors and agents will not be liable for any loss, claims, damages or costs (including legal costs and expenses on a full indemnity basis) arising out of or in connection with your use or inability to use the Website including but not limited to all indirect, incidental, special and consequential damages ( including loss of profits, loss of opportunity and loss of data) to any person even if such loss or damages were reasonably foreseeable.  If this provision in unenforceable in whole or in part in any jurisdiction due to relevant laws in that jurisdiction, then in no event will the liability of the Company to you for any damages, losses, claims or anything else exceed the lesser sum of AUD$10 and the amount paid by you, if any, for accessing this Website.

In Australia and without limitation to the foregoing and to the extent permitted by law, the Company’s liability, if any, for any breach of a condition or warranty implied by the Competition & Consumer Act 2010 which cannot be excluded is limited to any one or more of the following as determined by the Company in its absolute discretion:

(a)            in the case of goods, the replacement or repair of the goods or the supply of equivalent goods; or the payment of the cost of repairing the goods or of supplying equivalent goods; and

(b)            in the case of services, the supply of the service again; or the payment of the cost of having those services supplied again.

INDEMNITY

You agree to indemnify and keep indemnified the Company from and against any costs, loss, liability, claim or damage which the Company incurs or suffers as a result of any default by you in respect of these Terms of Use or of any act or omission by you in connection with your use of the Website, including without limitation the Website Material and the Derivative Material.

LINKS TO AND FROM THIRD PARTY WEBSITES

The Website contains links to websites which are not operated by the Company, in particular it contains links to Sponsor’s websites.  Although the Company has set up such links with the authority of the operators of such sites, it has no control over and is not responsible for the Material on such sites. These links are provided for your convenience only and if you use a link to access third party Material you do so entirely at your own risk.  The inclusion of links to third party websites and Material does not imply any endorsement of the Material or any association with their owners and operators. Accordingly, the Company explicitly disclaims any responsibility for the accuracy, Material, or availability of information found on such websites and you hereby irrevocably waive any claim against us with respect to such sites.

The Company encourages discretion when browsing the internet using its or anyone else’s service, as some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive.

The Company does not endorse any of the products or services offered on any website which is not operated by Company (including any website which is accessible through a link from the Website).

The Company does not make any representations or warranties as to the security of any information (including, without limitation, Personal Information and Sensitive Information (as defined in the Privacy policy)) which you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such third party websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.

If you contact a third party using functionality provided on the Website, including via e-mail, the Company accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party. The Company will not be a party to any contract or transaction entered into by you with any such third party, nor shall you involve us in any way in any dispute between you and such third party.

TERMINATION

The right to access and use the Website granted by way of these Terms of Use is effective until terminated by either party. You may terminate such right under these Terms of Use at any time by destroying all Website Material and Derivative Material obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise. Your right to access and use the Website will terminate immediately without notice from the Company if in the Company’s sole opinion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must destroy all Website Material and Derivative Material and third party User Material obtained by you or held in your possession and all copies thereof, whether made under the terms of these Terms of Use or otherwise. All other provisions of these Terms of Use which in order to give effect to their meaning need to survive the termination of your right to access and use the Website (including without limitation all restrictions imposed on you, licenses granted by you and indemnities provided by you together with all disclaimers and limitations of liability in favour of the Company) will survive termination.

GENERAL

AGREEMENT

These Terms of Use represent the entire binding agreement between you and the Company, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Company, the Website, and the information and contents on the Website.

WAIVERS OF ANY OBLIGATION OR RIGHT

No waiver of any obligation or right by the Company will be effective unless in writing and executed by the Company.

VALIDITY

If any provision of these 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 these Terms of Use which will continue in full force and effect.

GOVERNING LAW

This site is controlled and operated by the Company from its offices within Australia. The Company does not represent that the Website Material is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

These Terms of Use will be governed and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms of Use. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce it rights under these Terms of Use.

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