Terms of Use

Terms & Conditions

USING THE WEBSITE

“The Graham (Polly) Farmer Foundation” includes an interactive website that allows you to submit your personal responses to a series of questions through an online form accessed via a password protected link (Website). In using the Website or making a contribution to the website you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent and that no other person under the age of 18 will or may have access to the Website as result of you using the Website. If you are under 18 years of age it is recommended that your use should be supervised by an adult or your parent or legal guardian. All or any use of the Website is subject to the Website terms of use (Terms) and Privacy Policy.

In submitting content to the Website, you acknowledge and agree to the Website’s terms of use which are also set out below, including that your content may appear on other social media websites related to the Project, in Project marketing materials and may be shared by other users of the Website or Project with other third parties on third party websites.

You can have your submission removed at any time by emailing: pff@pff.com.au

WEBSITE TERMS OF USE

  1. Terms of use
    1. In these terms of use, “we”, “us” and “our” means GRAHAM (POLLY) FARMER FOUNDATION (ABN 26 062 909 402). Please read these terms of use carefully as they apply to your use of this website including any content on it and any mobile or other platform application related to it (Website). By accessing or using the Website you agree to be bound by these terms of use. If you are under the age of 18, you must obtain your parent or legal guardian’s express consent to use this Website and to enter into these terms on your behalf.
    2. We may revise these terms of use from time to time. We will display a notice on the Website indicating when any such revisions have been made.
  2. Copyright and other rights
    1. The Website is subject to copyright and other intellectual property rights.
    2. The text, works, images, videos, sound recordings and all other data, in particular the photographs and logos (Website Content) featured on the Website are also protected by copyright held by us or third party licensees.
    3. Subject to the terms of clause 3 (Licence to use the content on the Website), any use of the Website and the Website Content may infringe our copyright or other rights, or the rights of any other owner of copyright in the Website Content.
  3. Licence to use the content on the Website
    1. We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
    2. We (or our licensors) retain all right, title, and interest in and to the Website and Website Content, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or licence you, except for the licence referred to in clause 3.1, to exercise any intellectual property rights unless this is expressly stated.
    3. Except as provided in these terms of use, permission to use or copy the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@lunchboxproject.com.au if you wish to seek such consent.
    4. Subject to applicable law, we may revoke the permission referred to in clauses 3.1 and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Website, including Website Content, without notice.
  4. Linking to the Website
    1. We encourage you to provide links to the Website. While you may use the name www.pff.com.au in the text of any such link, you may not use The Graham (Polly) Farmer Foundation logo or any of our other trademark without our prior written consent.
    2. You must not frame the Website, or represent or imply that any part of the Website belongs to or is otherwise associated with anyone other than us.
    3. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
  5. Accuracy of content
    1. While every effort has been made to show as accurately as possible the Website content, we cannot guarantee that your computer monitor will display the Website content accurately.
    2. Some of the information on the Website may be provided by third parties. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always te, up-to-date or complete.
  6. Registration
    1. You are not required to register to visit or use the Website.
    2. However certain features on the Website may only be available if you do register, in which case you must submit all information required by the registration process. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.
    3. You may cancel your registration by notifying us at pff@pff.com.au and providing your user name.
    4. Signing up

      When registering to use the Website submission functions, you may be requested to provide personal information such as your name, email address and date of birth. If you are under 18, you will need to confirm that you have the consent of a parent or guardian to your registration and use. You must only submit accurate information and inform us if any information is incorrect or inaccurate. We will deal with your personal information in accordance with our privacy practices set out in clause 14 (Privacy Policy).

    5. We may provide you with an initial password (which you may be able to change at a later stage) and user name which is personal to you. You agree not to share your password with anyone else.
    6. Affirmation regarding age

      Without limiting anything else in these terms of use, by using the Website, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent and no other person under the age of 18 will or may have access to the Website as a result of you using the Website. If you are under 18 years of age we recommend that your use of the Website should always be supervised by an adult or your parent or legal guardian.

  7. Email and SMS services
    1. The Website provides various ways for you to receive emails from us, such as alerts when new content is made available. You can manage these emails from us and elect not to receive them by contacting us at pff@pff.com.au.
    2. If you receive unwanted emails from us, you may contact us to request that emails to you be discontinued by contacting us at pff@pff.com.au.
    3. While our email services are provided free of charge from us to you, we are not responsible for any email charges incurred by you or any other person who has access to your email address.
  8. Submissions/Content Submissions
    1. You acknowledge and agree that any images, text, ideas, submissions and suggestions, opinions, requests or other content or material submitted by you using the Website submission functions (Submissions) will not be returned to you or kept confidential and when received by us may be shared and keyword tagged on the Website in all markets and all known or yet to be invented media worldwide in perpetuity in the context of the Website.
    2. You agree we are not obliged to use or pay you for Submissions or your Content and that it is possible that similar submissions may be submitted by multiple sources and that a submission may be similar to ideas generated or developed independently by us, our officers, employees, agents or licensors.
    3. Submission due dates and requirements may be changed as deemed necessary by us.
    4. You may request removal of Content or Submissions uploaded by you to the Website at any point by notifying us at pff@pff.com.au and providing your user name. Content submissions will be deleted from the site and associated video storage sites.
    5. Removal and suspension

      We may, without notice to you, review, modify or remove any material which you provide in our absolute discretion including where we believe it violates these terms of use or any applicable law in any country where the Website may be accessed.

    6. We may suspend or cancel your use of the Submissions function/Website and/or share functions, either temporarily or permanently, if you breach, or we reasonably believe you to have breached, any of these terms of use or any applicable law in any country where the Website may be accessed.
    7. Content of user postings/submissions

      The material provided and views expressed by users are the materials and views of those users and are not ours and the user takes full responsibility for any and all material provided and views expressed by them.

  9. Your Content or Submissions
    1. Your Responsibilities

      You must not submit or provide any material on, to or through the Website (Your Content) that:

      1. infringes the intellectual property or other rights of another person;
      2. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      3. relates to unlawful conduct;
      4. creates a privacy or security risk to any person, including by soliciting personal information from any person;
      5. solicits money from any person;
      6. is false, misleading or deceptive;
      7. contains financial, legal, medical or other professional advice;
      8. would harm, abuse, harass, stalk, threaten or otherwise offend;
      9. would reflect negatively on us, our goodwill, name and reputation;
      10. tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
      11. would breach any applicable laws;
      12. would otherwise result in any liability for you, us or any third party.
    2. By posting Your Content to the Website, you:
      1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub-licence) to use, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and
      2. warrant that you have the right to grant such licence;
      3. you agree that your first name and other registration details may be made known to other users of the website;
      4. you agree that another Website user can send a third party a link to Your Content on the Website through the “share” function or it may be shared by other users of the Website with third parties on third party sites;
      5. you agree that your Content may be reproduced and published or feature in publicity and marketing materials associated with The Graham (polly) Farmer Foundation including social media sites;
      6. you agree that Website users will be able to search for and access Your Content;
      7. in the absence of keywords being appropriately assigned to Your Content by yourself, The Graham (Polly) Farmer Foundation may assign keywords to Your Content to enable content to be correctly aggregated by the database.
    3. Indemnity

      You agree to indemnify and hold The Graham (Polly) Farmer Foundation (including any of its directors, officers, employees, consultants, or shareholders, licensees or assigns) harmless from any claim made by any third party arising out of Your Content.

  10. General restrictions
    1. In using the Website, you must not:
      1. provide us with inaccurate or incomplete information;
      2. violate any applicable law or use the Website for any unlawful purpose;
      3. use the Website to send unwanted emails or spam;
      4. distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
      5. collect or store personal data about other users of the Website; or
      6. engage in any other conduct that inhibits any other person from using or enjoying the Website.
  11. Warranties and liabilities
    1. All express or implied warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are not made by us and are hereby excluded to the maximum extent permitted by law.
    2. In particular, and without limiting paragraph 11.1:
      1. while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
      2. we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
    3. We recommend that you install and use up-to-date anti-virus, anti-spy- ware and firewall software on your computer in accessing the Website. You agree that your use of the Website will be entirely at your own risk. The Website is provided “as is”. To the maximum extent permitted by law, we disclaim all other warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability of fitness for a particular purpose. We do not warrant that the functions at the Website will meet any requirements or needs you may have, or will be compatible with any particular platform or that any errors or defects will be corrected by us. You are responsible for maintaining all equipment and services required for your access to and use of the Website.
    4. We will not be liable for any failures due to causes beyond our control, including but not limited to acts of God, governments, fire, flood, strikes or acts or omissions of carriers.
    5. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
      1. special, indirect, consequential, incidental or punitive damages; or
      2. damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
  12. Variation of the Website
    1. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
  13. Links and advertisements
    1. The Website may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
  14. Privacy policy
    1. In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our Privacy Policy. View our Privacy Policy.
    2. You may update any personal information you have given us at any time by emailing pff@pff.com.au
    3. Site data, such as the number of times the Website has been visited, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms of use.
  15. Force majeure
    1. Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.
  16. Infringing or objectionable content
    1. If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us at pff@pff.com.au
  17. General provisions
    1. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
    2. These terms of use are governed by the laws of Western Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Western Australia, Australia.
    3. These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
    4. Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
    5. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
    6. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
    7. The word “including” when used in these terms of use is not a term of limitation.

Date of last revision: [30 July 2012]