Terms and Conditions

These terms and conditions (the "Terms and Conditions") govern the use of www.thegracetamefoundation.org.au (the "Site"). This Site is owned and operated by The Grace Tame Foundation. This Site is a charity.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

1. GENERAL

These Terms of Use govern the use of the Grace Tame Foundation Website (“the Website”) by each Website User (“the User”). By using the Website, the User accepts these Terms of Use in full.

2. OWNERSHIP

The User agrees and acknowledges that the Grace Tame Foundation (“The Foundation”) owns the intellectual property rights in the Website. This does not extend to the User’s intellectual property.

3. ACCEPTABLE USE

The User must not use the Website in any way that causes, or may cause, damage to this Website or impairment of the availability or accessibility of the Website. The User must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

4. ADMINISTRATION

The Foundation is the principal administrator of the Website and will be responsible for maintaining and monitoring the content of the Website. The Foundation has the right to publish and to remove or require removal of any content at its

absolute discretion.

5. USER ACCESS

The User will have the right to access the Website to enable the User to upload User specific content, subject to Term 6 (Your Content) below. The User must only provide user details to authorised User representatives and otherwise keep user details confidential at all times. The User is to ensure any representative provided with user details is also provided with a copy of these Terms of Use.

6. YOUR CONTENT

The User retains ownership of intellectual property rights in content that the User submits, posts, transmits or makes available via this Website. The User grants The Foundation, a non-exclusive, irrevocable and royalty free licence to use,

reproduce, modify, adapt, publish or communicate this content for the purposes of promoting the User and The Foundation to the public. The User warrants that it has the right to grant this licence. Any content submitted, posted, transmitted or made

available via this Website by the User must not:

i. be illegal or unlawful or cause a breach of law, code or an instrument which governs your conduct and/or our conduct;

ii. be pornographic, sexually explicit, violent, offensive or obscene;

iii. be threatening, abusive or harassing of another person or group of persons;

iv. be misleading or deceptive;

v. adversely affect or prejudice The Foundation’s reputation or brand;

vi. be in conflict with or detrimentally effect any commercial relationship between The Foundation and another entity; or

vii. transmit malware, viruses or other harmful computer code.

If The Foundation, at its absolute discretion, deems that any User content is in breach of this Term 6 it may, in accordance with Term 4 (Administration) above, remove that content from the Website and take any further remedial action deemed necessary to mitigate the effect of publication of that content.

7. PRIVACY MATTERS

The User agrees that use of this Website is subject to The Foundation’s Website Privacy Policy, a copy of which can be accessed at www.thegracetamefoundation.org.au.

8. NO WARRANTY

The Foundation makes no representations or warranties in relation to the Website or the information and materials provided on this Website. The Foundation is responsible for ensuring the accuracy, reliability, adequacy and completeness of any content uploaded to this Website. The Foundation and its Directors, officers, agents, employees, subsidiaries and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses, including legal fees from the User’s use of the Website.

9. INDEMNITY

The User hereby indemnifies The Foundation and undertakes to keep The Foundation indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by The Foundation arising out of any breach by the User of any provision of these Terms of Use, including any loss suffered by a third party user of this Website.

10. BREACH OF TERMS OF USE

Without prejudice to The Foundation’s other rights, whether under these Terms of Use or otherwise, if the User breaches these Terms of Use in any way, The Foundation may take such action as we deem appropriate to deal with the breach.

11. DISPUTE RESOLUTION

Subject to any exceptions specified in these Terms of Use, if the User and The Foundation are unable to resolve any dispute through informal discussion, then the User and The Foundation agree to submit the issue before a mediator. The decision of the mediator will not be binding. The mediator must be a neutral party acceptable to both the User and The

Foundation. For the avoidance of doubt, these Terms of Use do not restrict the Foundation or the User’s right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

12. VARIATION

The Foundation may revise these Terms of Use from time to time. Revised Terms of Use will apply to the User’s use of this Website from the date of the publication of the revised Terms of Use on this Website. The User’s continued use of this Website will indicate acceptance of any revisions. The User must stop using this Website immediately if they do not agree with these Terms of Use at any time.

13. JURISDICTION GRACE TAME FOUNDATION WEBSITE TERMS OF USE

These Terms of Use will be governed by, and in accordance with, the laws in the State of Tasmania, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of Tasmania. If at any time, the provisions set forth in these Terms of Use are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be severed from these Terms of Use. The remaining terms remain in full force and effect.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

info@thegracetamefoundation.org.au
15 Murray St, Hobart, Tasmania, 7000

Effective Date: 17th day of December, 2021