Terms and conditions

Website Terms of Use

Last revised 24 March 2017

These Website Terms of Use apply to your access to, and use of, www.whiddon.com.au, www.whiddon.com.au/yourlife, and any subpage (the “Website”).  The Website is operated by The Frank Whiddon Masonic Homes of NSW ABN 49 082 394 091 trading as The Whiddon Group, and in these Website Terms of Use, “we”, “us” and “our” refers to The Whiddon Group and its related bodies.

By accessing, viewing, relying on or otherwise using the Website, you accept these Website Terms of Use and agree to be bound by them and by any other notice contained on the Website (as amended from time to time).  If you do not agree to the Website Terms of Use or any such notice, you are not authorised to use the Website.

Use of the Website

You may only use the Website to access information, make enquiries and engage with us and other users of the Website through an account on the Website (“Account”).

You must not use the Website for any activities, or to post, transmit or upload onto the Website any information, documentation or other material that:

  • breaches any laws or regulations;
  • is intended for any commercial purpose, including to advertise or promote any business, products, services or procedures or solicit customers (whether for yourself or on behalf of someone else);
  • infringes the rights (including intellectual property) or privacy of a third person (including by posting any image, voice, or other personal information of any third person without their consent);
  • is misleading;
  • is defamatory, harassing, threatening, menacing or offensive, or is likely to insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability; or
  • would otherwise expose us to risk of legal action or reputational damage.

Additionally, you must not:

  • use another person’s name, Account or identity without permission, or use the Website while impersonating another person;
  • tamper with or make unauthorised modifications to the Website or any content or contributions of others on the Website; or
  • knowingly do anything to impede the operation of the Website.

We may immediately suspend, terminate or limit your access to the Website, or your Account if you breach these Website Terms of Use, or we are required to do so under law.

Your Account

You must set up an Account in order to contribute to, and interact via, the Website.  You may only register for one Account.  In order to set up your Account you must provide the information requested and select a unique user ID and password (“Account Credentials”).  Please ensure that the information you provide is complete and kept up to date.

It is your responsibility to keep your Account Credentials confidential and secure, as you will be responsible for all activity on your Account.  You must not share your Account Credentials with any other person (other than your legal representative or support person), and you must notify us if you become aware of any breach of security or unauthorised access to, or use of, your Account of by emailing us at [email protected]

User Contributions

If you have an Account, you will be able to contribute to the content of the Website in various ways, such as by uploading comments, images, videos (“User Contributions”).  If you do so, your User Contributions may be visible to the general public through the Website.

We are not obliged to include any User Contribution on the Website, and may reject, edit or remove any User Contribution at any time, at our discretion.  However, we have no obligation to monitor, edit, delete or refuse to post any User Contributions.

We are not responsible for any advice, information, comments or other content included in any User Contributions.

By submitting User Contributions to the Website, you grant to us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to use, copy, distribute, adapt, display, publish, broadcast, prepare derivative works from your User Contributions.  You permit us to sub-license others to do the same.  In doing so, we may attribute your User Contributions to you.  You understand that no compensation will be paid to you in consideration from any contribution or content that you submit to the Website.

No advice

Any User Contributions or other content published on the Website is for information purposes only.  It is general information that may not apply to your individual needs.  It is not intended as professional medical advice, and is not a substitute for your own doctor’s medical care or professional advice.  We encourage you to speak to your doctor before making decisions in relation to your care or medical needs.

Intellectual property

We own all of the material on the Website (including information, text, photos, videos, icons, software, codes, and the infrastructure used to provide such material) and it is protected by copyright, trademarks and other proprietary rights.

In particular, the Whiddon logo, the YourLife logo, and all other product or service names or slogans displayed on the Website are trademarks of Whiddon (or its licensors) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Whiddon or the applicable trade mark holder.

You are not permitted to commercialise, reproduce, store, distribute, display, publish, upload to a third party, create derivative works from, link to, frame, store in a retrieval system, or transmit any part of it, in any way.

Liability and indemnity

You use the Website and your Account at your own risk.  We do not guarantee the correctness, accuracy or suitability of any information presented on the Website.

We do not accept liability for any loss or damage (including by reason of negligence) arising from, or connected in any way to:

  • reliance on the information on the Website;
  • not being able to access the Website or your Account;
  • errors in, or omissions from, the information on the Website; or
  • Account Credentials being used by any unauthorised persons, or for any unauthorised purpose.

You indemnify us and our employees against any loss, damage, liability, proceedings, expense or costs incurred by us as a result of:

  • use of the Website or your Account by you or by a third party who gains access to your Account using your Account Credentials; or
  • any claim by a third party against us related to an infringement of the intellectual property rights, or the privacy, of that party.

Internet security

We do not guarantee that information transmitted over the internet is totally secure. When you send information through the Website, you do so at your own risk.  We take reasonable steps to keep any information we received secure while it is in our own systems. We encrypt personal information before sending it over the internet to third parties, but cannot guarantee its security.

We do not guarantee that the Website is free from viruses, or access to the Website will be uninterrupted. You should therefore ensure that the way you access the Website does not expose your equipment to the risk of viruses or other forms of interference which may damage it.

How do we collect information on the Website?

We use cookies to collect information about visitors to the Website.  A ‘cookie’ is a small text file placed on your computer by our web page server, which can later be retrieved by our web page server.  Most browsers accept cookies by default, however you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.

Most browsers do allow a “private” mode where cookies are always deleted after a visit.  You can still visit the Website when your browser is in “private” mode, however the user experience might not be optimal and some features might not work.

Cookies may be used to collect information such as the server you are connected to, your browser type, the time of visit, the pages visited, your IP address (and the general geographic area associated with it).  Information collected in this way is not capable of personally identifying you.

We use Google Analytics Advertising features to measure the effectiveness of advertising.  If you do not want your data collected with Google Analytics, you can install the Google Analytics opt-out browser add-on, which stops information being sent to Google Analytics.

Links to third-party sites

The Website may contain links to websites operated by third parties.  These links are provided for reference only.  We are not responsible for, and do not control, endorse or otherwise approve the content or operation of such websites.

Third party websites are not subject to our privacy practices, so you should review the privacy policy and any other relevant notice on that third party website.

Further, it is up to you to take precautions to ensure that the links you access or software you download from third party websites are free of viruses, worms, trojan horses, defects and other items of a destructive nature.

Privacy

When you access the Website or your Account, we may collect personal information about you.  Our Privacy Policy sets out how we deal with personal information.

Changes

We may change, suspend, impose limits on, or discontinue any feature of the Website at any time, including User Contributions.

These are the current Website Terms of Use.  They replace any others which have appeared previously on the Website.  We may amend these Website Terms of Use at any time and will publish the amended version on the Website.  By accepting these Website Terms of Use, you agree that our publishing of an amended version will be sufficient notice of any changes and in continuing to access and use the Website you accept those amendments.

Governing law

These Website Terms of Use are governed by the laws of New South Wales, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.

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