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1.
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USAGE
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1.1
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Persons accessing the MAKE-A-WISH AUSTRALIA website for any reason whatsoever, subject themselves to and agree to the terms and conditions and privacy policy of MAKE-A-WISH AUSTRALIA as set out below.
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1.2
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This website is only intended to provide the user with information regarding MAKE-A-WISH AUSTRALIA, its products offered and services rendered.
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1.3
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Without derogating from the foregoing, MAKE-A-WISH AUSTRALIA hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
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1.3.1
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Such content is used for information and/or non-commercial purposes only; and
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1.3.2
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Any reproduction of the content of this website, or portions thereof, must include the following copyright notice: © MAKE-A-WISH AUSTRALIA. ALL RIGHTS RESERVED.
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1.4
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Users that wish to use content from this site for commercial purposes may only do so with MAKE-A-WISH AUSTRALIA's prior written permission.
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2.
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INTELLECTUAL PROPERTY RIGHTS
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All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to MAKE-A-WISH AUSTRALIA, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site are expressly reserved and no license to MAKE-A-WISH AUSTRALIA' intellectual property has been granted by this website.
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3.
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ELECTRONIC COMMUNICATIONS
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By using this website or communicating with MAKE-A-WISH AUSTRALIA by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".
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4.
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NO REPRESENTATIONS OR WARRANTIES; INFORMATION NOT UPDATED OR TO BE RELIED ON
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4.1
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While MAKE-A-WISH AUSTRALIA uses reasonable efforts to include accurate and up–to–date information in the website, MAKE-A-WISH AUSTRALIA makes no warranties or representations with respect to the content of the website, which is provided "as is". MAKE-A-WISH AUSTRALIA accepts no responsibility or liability whatsoever arising from or in any way connected with the use of this website or its content. In particular, MAKE-A-WISH AUSTRALIA will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on the website. MAKE-A-WISH AUSTRALIA and its affiliates further assume no responsibility for updating the website or its content or notifying users of information that is inaccurate, incomplete, or out-of-date.
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4.2
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Notwithstanding anything herein to the contrary, MAKE-A-WISH AUSTRALIA has not updated, and accepts no responsibility to update, any of the information or data, financial or otherwise, included under "Financials" on the website or in the annual reports, results announcements, presentations, press releases, regulatory filings and similar material. Such information and data will not be updated and speaks only of its date. Accordingly, such information and data may not be accurate and should not be relied on. MAKE-A-WISH AUSTRALIA disclaims all, and accepts no, responsibility for damages or other liabilities or losses arising out of the use of such information or data.
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5.
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NO OFFER TO SELL SECURITIES
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None of the information posted on this website constitutes an offer for sale of securities.
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6.
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NO LIABILITY
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MAKE-A-WISH AUSTRALIA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the website or your downloading of any materials, data, text, images, video, or audio from the website. MAKE-A-WISH AUSTRALIA accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of this website, whether the result of actions or omission of MAKE-A-WISH AUSTRALIA or a third party.
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7.
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CHANGES AND AMENDMENTS
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7.1
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MAKE-A-WISH AUSTRALIA expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any information set out in this website without notice.
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7.2
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MAKE-A-WISH AUSTRALIA reserves the right to change and amend the prices and rates quoted on this website without notice.
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7.3
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MAKE-A-WISH AUSTRALIA may at any time revise these terms and conditions by updating this disclaimer. The user is bound by such revisions and should therefore periodically visit this page.
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8.
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FORWARD-LOOKING STATEMENTS
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This website contains forward-looking statements based on beliefs of MAKE-A-WISH AUSTRALIA management. When used in this website, words such as "anticipate", "believe", "estimate", "expect", "intend", "plan", "will", "may", "would", "could" and "project" are intended to identify forward-looking statements. Such statements reflect the views of MAKE-A-WISH AUSTRALIA as of the date made with respect to future events and are subject to risks and uncertainties..
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9.
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PRIVACY POLICY
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9.1
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No personal information will be disclosed to third parties without the user's permission.
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9.2
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By using this website the user consents to the following:
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9.2.1
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MAKE-A-WISH AUSTRALIA may use users' personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications; and
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9.2.2
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MAKE-A-WISH AUSTRALIA may use users' information for non-personal statistical purposes.
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9.2.3
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MAKE-A-WISH AUSTRALIA retains the copyright in databases of personal information of users.
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10.
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LINKING AND FRAMING
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10.1
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Any third party site may link to this website provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this website, without the prior written approval of MAKE-A-WISH AUSTRALIA.
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10.2
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It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of MAKE-A-WISH AUSTRALIA. Incorporating parts of this website into sites of parties not part of MAKE-A-WISH AUSTRALIA is equally prohibited.
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11.
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AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
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11.1
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No information or data on this website is an offer but merely an invitation to do business.
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11.2
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No agreements shall be concluded merely by sending a data message to this website or its owners. Valid agreements require an acknowledgement and offer, or receipt from this website.
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12.
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SEARCHING TECHNOLOGY
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The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this website is not permitted if such technology will result in slowing down this website's server or in copyright infringement of any data or information available from this website. Data and information may only be used in compliance with sections 1 hereof.
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13.
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LINKS TO THIRD PARTY SITES
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13.1
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MAKE-A-WISH AUSTRALIA may provide links to third party sites to the user only as a convenience. Such third party information is independent from MAKE-A-WISH AUSTRALIA' own and MAKE-A-WISH AUSTRALIA does not accept any responsibility for the content or accuracy or the use of such other websites and does not endorse, and shall not be deemed to have endorsed or accepted their contents.
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13.2
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Linked websites or pages are not subject to the control of MAKE-A-WISH AUSTRALIA. MAKE-A-WISH AUSTRALIA shall not be held responsible or liable, directly or indirectly, in any way for the contents of such websites, the use of this website, or inability to use or access any linked websites or any links contained in a linked website.
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14.
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SECURITY OF INFORMATION
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14.1
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All reasonable steps will be taken to secure a user's information.
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14.2
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Users undertake not to share their user name and passwords with any other person.
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14.3
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It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that MAKE-A-WISH AUSTRALIA should suffer any damage or loss, civil damages will be claimed.
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15.
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DISCLAIMERS IN RESPECT OF WEBSITE
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15.1
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MAKE-A-WISH AUSTRALIA shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, MAKE-A-WISH AUSTRALIA makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
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15.2
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This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with MAKE-A-WISH AUSTRALIA that the service available from and through this website will meet the user's individual requirements and be compatible with the user's hardware and/or software.
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15.3
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Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of MAKE-A-WISH AUSTRALIA and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
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15.4
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Neither MAKE-A-WISH AUSTRALIA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
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15.5
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Postings of any kind posted to this website or e-mails sent to this website are not editorially controlled and therefore MAKE-A-WISH AUSTRALIA cannot be held liable for illegal or unconstitutional content. The users indemnify MAKE-A-WISH AUSTRALIA from all liability in this regard.
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16.
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DISCLAIMERS IN RESPECT OF EMAILS
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E-mails (and associated or attached files) from Make-A-Wish Australia directors, officers, volunteers and employees are intended only for the use of the persons or entities to which they are addressed and may contain information that is confidential, a trade secret, privileged or subject to copyright. If a person or entity (a “Recipient”) is not the intended recipient of such communication, the Recipient is hereby notified that any disclosure, copy, use or distribution of such e-mail (as well as any attached or associated files) is strictly prohibited. If such communication has been received in error the Recipient should notify the sender thereof immediately and erase and delete all copies of the message without delay”.
Any views expressed in this Communication are those of the individual sender, except where the sender specifically states them to be the views of Make-A-Wish.
Except as required at law, Make-A-Wish does not represent, warrant and/or guarantee that the integrity of this communication has been maintained nor that the communication is free of errors, virus, interception or interference.
If this communication is a "commercial electronic message" (as defined in the Spam Act 2003) and you do not wish to receive communications such as this, please notify the sender thereof immediately
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17.
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SEVERABILITY
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17.1
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These terms and conditions of use constitute the entire agreement between MAKE-A-WISH AUSTRALIA and you, the user of this website. Any failure by MAKE-A-WISH AUSTRALIA to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision.
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17.2
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In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
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18.
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APPLICABLE AND GOVERNING LAW
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This website is hosted, controlled and operated from Victoria, Australia, and thus Victoria Australian Law governs the use or inability to use this website and these terms and conditions.
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19.
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CONTACT INFORMATION/DOMCILIUM CITANDI ET EXECUTANDI
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If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
Street address:
Make-A-Wish Australia
383 Swan Street
Richmond VIC 3121
Postal address:
PO Box 5006, Burnley VIC 3121
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