Geolocation Maps & Mobility-friendly Information

WheelEasy Terms and Conditions

WEBSITE TERMS OF USE

This website located at https://wheeleasy.org (‘Website’) is operated by the trustees for the Wheeleasy Foundation (ABN 60 128 088 251) (‘WheelEasy’, ‘we’, ‘us’ or ‘our’).

Your access and use of:

this Website; and
any publication, information, reviews, photo sharing features, surveys and online forums (Services),

is subject to these terms and conditions and WheelEasy’s privacy policy (available at 401/168 Kent Street, Sydney 20000 (Privacy Policy). By accessing, viewing or otherwise using the Website and Services, you agree to be subject to and bound by these Terms.

Definitions
In these terms, unless the context requires otherwise:
Content means any information, material and content on this Website.
Confidential Information means information of a party which the party identifies as confidential or which would reasonably be regarded as confidential and includes without limitation information relating to the party’s Intellectual Property Rights, organisational structure, financial position, personnel, policies, and business.
Data means all data, information, content or communications transmitted, uploaded or inputted onto the Website by You or on Your behalf or otherwise as a result of Your use of the Website or Services.
Intellectual Property Rights means all intellectual property rights including current and future, registered and unregistered rights in respect of copyright, designs, trademarks, know-how, trade secrets, confidential information, patents, inventions and discoveries, databases and all other rights resulting from activity in the industrial, scientific, literary, or artistic fields, and further includes any right to apply for the registration or grant of any such intellectual property.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct or consequential.
Moral Rights means moral rights as defined in in section 189 of Part IX of the Copyright Act 1968 (Cth) (namely the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship) and any similar rights in any other jurisdiction.
Terms means these terms of use governing Your access to and use of this Website, as updated by us and notified to You from time to time.
You or Your means the person who wishes to have access to this Website subject to these Terms.
Works means any work product that You create for and distribute or display on the Website, including any concepts, ideas, designs, models, artwork, engravings, photos, images, data, information, processes, techniques, inventions, research results, documents or materials or parts, adaptations or drafts, in any form, resulting directly or indirectly from Your use or access of the Website or Services.
Access
We agree to Your access and use of this Website in accordance with these Terms.
Conditions of Use
As a condition of Your use of this Website, You warrant that:
1. if you register as a member on our website, your contact and identification information such as your name, email address and date of birth (Contact and Identification Information);
2. if you provide your consent, mobility related information such as information relating to your type of mobility impairment or needs and your required mobility equipment (Health Information);
3. if you make a donation, we may collect your Contact and Identification Information, together with payment and related information regarding your donation; and
4. if you attend one of our events, we may collect your Contact and Identification Information, Health Information and other information relevant to your attendance at our event.
Intellectual property
1. Except where expressly stated otherwise, all ideas, concepts, know-how, data processing techniques, software, documentation, trademarks, service marks, data compilation, trade secrets, copyright and other Intellectual Property Rights subsisting in the Services are owned by us or our licensors.
2. You must not claim any right or title to use the Intellectual Property Rights in the Services except where expressly permitted under these Terms. You must not dispute or challenge our entitlement to the Intellectual Property Rights in the Services or join any third parties to challenge or contest the validity of such Intellectual Property Rights.
3. You agree to notify us promptly of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in the Service.
Trade marks
1. You grant us a non exclusive, perpetual, transferable, royalty free licence to make use of the Data, and Intellectual Property Rights subsisting in the Data, for the purposes of, and as contemplated by, this agreement, including without limitation for providing the Services to you, provided that we de-identifies the Data where appropriate and complies with the obligations under clause 21.
2. You agree to our use of the Data in accordance with the Privacy Policy.
Data
1. All trade marks on this Website are owned, or used under licence, by us. Nothing contained on this Website should be construed as granting any licence or right to use or reproduce any trade mark. All Content is protected by copyright laws and is owned, or used under licence, by us.
2. No documents or information on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, stored, published, displayed or transmitted in any form by any process. You may not create derivative works from any part of this Website or commercialise the Content without our specific written consent.
Licence to use
1. By submitting any information or other material to us (including inputting Data or Content, engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
  1. use, copy, sublicense, redistribute, edit, adapt, transmit, publish, broadcast, display such information or material; and
  2. sublicense to any third parties the unrestricted right to exercise any of the rights granted in clause 7(a)(i).
2. This licence includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trade mark, service mark, or patent laws under any jurisdiction worldwide.
3. You will execute and deliver to us any further documentation as may be required by WheelEasy and take any other actions as may be required to give full legal effect to and perfect this grant of licence.
Moral Rights
1. You give consent for WheelEasy to act in any way which may otherwise infringe Your Moral Rights in the Works.
2. Without limiting the generality of clause 8(a), You consent to WheelEasy failing to identify You as the author of the Works, falsely attributing authorship of any of the Works and, in particular:
  1. not identifying You, whether by act or omission, as the author or contributor of the Works;
  2. not mentioning or acknowledging Your authorship of the Works;
  3. not mentioning or acknowledging Your authorship of the Works in any reproduction, adaptation, transmittal or publication; or
  4. amending the shape, configuration, design, appearance or any other feature of the Works, changing the purpose of use of the Works for any reason, including use of the design on the Website or any other medium for promotional purposes.
3. You will:
  1. execute and deliver to us any further documentation as may be required by WheelEasy; and
  2. take any other actions as may be required to give full legal effect and perfect the consents and undertakings You have given to WheelEasy regarding Your Moral Rights.
4. You acknowledge that any consents which have been given in respect of Your Moral Rights are given genuinely.
Prohibited Use
The Content on this Website as well as the infrastructure used to provide such Content, is proprietary to us. Without our prior written consent, You agree not to:
1. copy, reproduce, replicate, post or redistribute the Content or any portion thereof;
2. modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, products or services obtained from or through this Website;
3. use this Website or its contents for any commercial purpose;
4. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
5. take any action that imposes, or may impose, in our discretion, an unreasonably or disproportionately large load on our infrastructure;
6. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written consent; and
7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website or the Services.
Reviews
1. By submitting Content to this Website by email, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas, ratings or the like contained in any submissions (Submissions), You grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
  1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media; and
  2. use the name that You submit in connection with such Submission.
2. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
3. We do not edit or control the user messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums (User Messages), and will not be in any way responsible or liable for such User Messages. We reserve the right to remove, modify and make additions to any User Messages and Content without notice to You.
Forums
1. This Website may contain discussion forums, review services or other forums in which You or third parties may post reviews of venue, travel experiences or other content, messages, materials or other items on this Website (Interactive Areas).
2. You are solely responsible for Your use of such Interactive Areas and use them at Your own risk. By using any Interactive Areas, You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
  1. any message, data, information, text, music, sound, photos, graphics, code or any other material that is false, unlawful, misleading, libelous, defamatory, obscene, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that is offensive to the online community, including Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. Content that would constitute, encourage, promote, provide or be perceived as instructions for conduct of any unlawful act;
  4. Content that provides instructional information about illegal activities;
  5. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  6. unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles or solicitations
  7. private information of any third party, including, without limitation, name, addresses, phone numbers, email addresses and credit card numbers;
  8. viruses, corrupted data or other harmful, disruptive or destructive files;
  9. Content that is unrelated to the topic of the Interactive Area in which such Content is posted; or
  10. Content or links to content that, in our reasonable opinion that should be removed from the Website or may expose us or other users of the Website to any harm or liability.
Termination
This agreement will continue until either You or WheelEasy terminate it. Either party may terminate this agreement at any time with immediate effect by providing prior written notice of termination to the other party.
On termination, You will cease to be an authorised user of the Website and the Services.
Variation
We may, at our sole discretion, vary or modify these terms by posting our updated terms on this Website. Any subsequent access to, or use of, this Website by You will constitute an acceptance of those varied Terms. You acknowledge and agree that we may vary the provisions of these Terms or the features of functionality of this Website from time to time without any requirement to provide prior notice of the variation to You.
Compliance with directions
You agree to comply with all directions or instructions we notify You of from time to time regarding Your access to and use of the Website (including notice provided via the Website).
Accuracy of Content
Whilst we will endeavour to keep this Website up to date and accurate, we cannot guarantee that the information on this Website will be up to date or accurate. You should conduct Your own investigations and satisfy Yourself as to whether information on this Website is accurate or up to date.
Links
This Website may contain links to other websites. These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Errors and defects
We do not guarantee that this Website will be free from errors or viruses, or that access to this Website will function as intended or uninterrupted. You must take Your own precautions to ensure that accessing this Website does not expose You to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with Your use of this Website.
Security
We will take all reasonable steps to ensure the security of this Website, including by implementing and maintaining reasonable and current data protection procedures and technologies. However data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect information You transmit to us or which we store, we do not warrant and cannot ensure the security of such information.
Liability
1. We are not liable for any Content posted, stored or uploaded by You or any third party, or for any loss or damage to You. We are not liable for any mistakes, defamation, slander, libel, omissions, falsehoods or any other inappropriate information on the Content You may encounter when you access the Website.
2. As a provider of interactive services and a conduit of information made available to You (including any information about wheelchair access or other disability facilities at venues), we are not liable for any statements, representations, misleading or deceptive information or Content provided by users of the Website in any public forum, personal home page or other Interactive Area. We have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area. However, we reserve the right and discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf.
3. Nothing in these Terms, including without limitation clauses 15, 16 18 and 19 should be interpreted as attempting to exclude, restrict or modify Your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law.
4. We do not accept responsibility for any Loss caused (including through negligence), which You may directly or indirectly suffer in connection with Your use of this Website, or any linked website, nor do we accept any responsibility for any loss arising out of Your use of or reliance on any Content.
5. If You do not access this Website and the Content as a Consumer (as defined in accordance with the Australian Consumer Law), then to the extent permitted by law, we exclude all liability for any Loss incurred by You, caused (including by our negligence), suffered by You in connection with Your access and use of this Website and the Content. This clause applies even if we knew or ought to have known that the relevant Loss would be suffered.
User Comments, Feedback and Other Submissions
1. Without prejudice to clauses 10 and 20, each party must not without the written consent of the other:
  1. use any Confidential Information of the other party, except in performing its obligations under these Terms of Use; or
  2. disclose any Confidential Information of the other party to any person except to those who need to know the same, and who agree to be bound by the same obligations of confidentiality.
2. This clause 21 does not apply where:
  1. disclosure is required by law;
  2. the Confidential Information is in the public domain through no fault or action of the recipient, its employees or subcontractors; and
  3. the Confidential Information was received by the recipient on a non-confidential basis from a third party who is not prohibited from disclosing it.
3. These obligations of confidentiality survive termination of these Terms of Use.
Notice
1. You may give notice to WheelEasy for the purposes of or in connection with this agreement by sending an e-mail to [email protected].
2. We may serve a notice on You by sending it to Your email address.
3. A notices will be deemed to have been served and takes effect when received and is taken to be received upon receipt by the recipient email server (even if received or categorised or filtered as unwanted email or spam), unless the sender receives an automated notice that such delivery has failed.
General
1. You acknowledge that, the information collected by us may be disclosed by us in accordance with our privacy policy.
2. You may not assign Your rights or obligations under these Terms.
3. If any provision of these Terms is invalid or not enforceable in accordance with its terms, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
4. You must ensure that Your use of this Website complies with all applicable laws and regulations.
5. These Terms are governed and construed in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

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