VIRTUAL WAR MEMORIAL AUSTRALIA
Virtual War Memorial Australia is a registered business name of Virtual War Memorial Limited
ACN 613 555 347
Conditions governing access to and use of this web site
Scope of these conditions
These conditions apply to all use of the site, including your use of sections of the site which are subject to additional specific conditions. You must read and agree to these conditions before making any other use of the site. If you do not agree to these conditions, you must not use the site. By making any use of the site, you agree to be bound by these conditions.
Where additional conditions apply to any particular part of the site, then these conditions and those additional conditions will both apply at the same time. In the event of any inconsistency, then the additional conditions will apply to the extent of the inconsistency.
Access to restricted areas
Access to and use of some sections of this site may be restricted. You must not attempt to access and use restricted sections unless you are authorised to do so. Where your access to and use of any part of the site is subject to the use of a password, you must keep your password secure and secret.
Right to use the site
You may only use the site for personal, non-commercial purposes. You may not use the site for the purposes of promoting any products or services. Virtual War Memorial Ltd (VWM) reserves the right to restrict or access to any part of the site, and to ban or prohibit individual users from accessing any part of the site for any reason whatsoever.
Copyright & limited right to use materials
Virtual War Memorial Ltd or third parties own and retain the copyright and other intellectual property rights in the materials found on the site.
Unless otherwise expressly stipulated by the VWM, you may only use the site for your personal, non-commercial use, and may only print or make an electronic copy of material available on the site for that purpose. You must not on-supply or distribute the copyrighted material made available on the site to any other person without our consent. You must ensure that all copyright notices are retained in any material copied from the site. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without the VWM’s prior written permission.
Nothing in these conditions shall imply a right to use any brand, trademark, logo or image owned by or associated with VWM.
Materials submitted by you to the site
You represent and warrant that you own copyright in any material you submit to the site, and that the reproduction and use by VWM of that material on the site will not breach the intellectual property or moral rights of any third party.
You grant VWM a perpetual, irrevocable, royalty free licence to exploit the intellectual property rights in any material you submit to the site, which may be assigned or sub-licenced in VWM’s absolute discretion.
Third party content
VMW does not monitor and accepts no liability for third party material. Third party material is the responsibility of person(s) who contribute it.
VMW takes no responsibility for the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material nor of or the identity, knowledge or qualifications of any third party contributor. Your access to and reliance on third party content is entirely at your own risk.
References in third party material to any products or services does not constitute or imply its sponsorship, endorsement or recommendation by VMW.
Links to third party web sites
VMW does not review or monitor any linked third party web sites. Any links to third party websites from the site are provided solely as a convenience to you. VMW takes no responsibility for the material available on any linked third party websites or any broken or redirected links.
The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party website or its material.
It is your responsibility to evaluate the material available on other websites.
Views, opinions or material contained on the site are not necessarily the views, opinions or material of VMW. You irrevocably release the indemnified persons for any liability for defamatory, offensive, illegal or inappropriate content available on the site or accessed from the site.
You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.
Virtual War Memorial Ltd reserves the right to remove any material contributed to the site for any reason whatsoever.
VWM takes no responsibility for ensuring the material on the site is suitable for children or young people (under 18). The responsibility of ensuring the appropriateness of material on the site rests with the parent or guardian.
You acknowledge and agree that VWM cannot guarantee or warrant that any files available for downloading through the site will be free of viruses. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection. You release VWM from any liability for damaged caused as a result of any virus.
Security & availability
There are many inherent risks involved in operating a website and transmitting information over the Internet. Unauthorised access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet. VWM is unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.
You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.
Warranties/accuracy of information
Subject to any non-excludable rights, all conditions or warranties of any kind (including but not limited to any implied or statutory warranties) are excluded.
When accessing or contributing to the site via a third party platform, you agree to comply with the terms and conditions specified by that third party platform. VWM takes no responsibility for your personal information hosted on or made available by that third party platform.
Liability arising from use of the site
Your use of the site is entirely at your own risk. In no event will VWM be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or arising from your purchase or inability to purchase any goods or services promoted on the site.
If circumstance arise where you are entitled to claim damages from VWM notwithstanding the provisions of these conditions, VWM’s liability to you for the aggregate of such claims is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at VWM’s election).
Sale of and Refund for goods or services
Unless otherwise stipulated by VWM, the sale of goods or services from the site is subject to the following conditions:
• Fulfilment - VWM is not liable for delays caused by suppliers, postal and courier companies or any other circumstances outside of its control.
• Currency - All transactions are in Australian Dollars. Amounts shown in other currencies are only indicative and may vary due to exchange rates at the actual time of transaction.
• Credit Card Use - If credit card payment is facilitated by the site, VWM undertakes to use Credit Card details only as specified by you in relation to purchases made on the site. Illegal use of credit cards is a serious crime. VWM will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.
• Errors in description or pricing - Errors may occur in the description or pricing of products or services offered on the site. VWM may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment, in which case payment shall be refunded in full
• Posting of Dedications are provided on a fee for service basis and are considered to be firm sale. Please choose your selection carefully, and if you are contributing your own wording please check the details before making payment. Dedications can be deleted upon receipt of a written request however NO REFUNDS are available for this service.
You must indemnify the indemnified parties and keep each of them indemnified against all claims, suits, demands, actions, fines, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising in connection with your breach of these conditions or you use of the site.
The site is administered by VWM from offices in Adelaide, South Australia. These conditions and your use of the site and any disputes between you and VWM shall be governed by and construed in accordance with the laws of the State of South Australia. Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in the State of South Australia.
If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.
Changes to site content and access rights
VWM may modify the content, nature or accessibility of the site as and when it sees fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.
Revision of these conditions
VWM may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the site after a revision of these conditions evidences your acceptance of that revision
'conditions' means these Terms & Conditions.
'indemnified parties' means:
(b) each of VWM’s agents, contractors, officers and employees;
(c) the hosts, operators, and developers of the site; and
(d) any person who contributes material to the site.
'material' means any information, text, data, web pages, documents, designs, graphics, images, audio, video, references, opinions, conclusion or other information in any form, whether electronic or hard copy.
'non-excludable rights' means any conditions, warranties, rights or remedies which may not be excluded under law or legislation.
'password' means any user name, membership number, or other access code required in order to access or use restricted section(s) of this site.
‘VWM’ means Virtual War Memorial Ltd
'site' means any part of this website, https://www.vwma.org.au
'third party material' means material contributed to the site (or other linked sites) by third parties.
'third party platform' means an internet platform provided or hosted by a third party, such as Facebook, Twitter, Pintrest, or other feeds.
'use' includes access or use or attempted access or use of any part of the site.
'virus' means an infection, virus, worm, Trojan horse or other code which has contaminating or destructive properties.
'you' means any person who uses the site.