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 Company also owns or is the authorised licensee of the following domain names linked to the Website:
To report any problems regarding this Website, please contact the Company at firstname.lastname@example.org. (Contact Us).
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
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 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.
(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
(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:
(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.
(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.
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.
‘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.
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.
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.
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
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.
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).
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.
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.
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.