TERMS AND CONDITIONS

  1. IMPORTANT INFORMATION

    This Site is operated by Ocean Youth an initiative of SEA LIFE Trust ANZ (ABN 13 893 872 867). These Terms govern your use of our website located at www.oceanyouth.org (“Site”) and form a binding contractual agreement between you, the user of the Site and Ocean Youth/SEA LIFE Trust ANZ.

    For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on info@sealifetrust.org.au.

    Accessing the Site constitutes an affirmative, unconditional agreement by you that you have had sufficient chance to read and understand the Terms and that you accept and agree to be unconditionally bound by them and any modifications, additional terms, conditions, notices and disclaimers contained elsewhere on the Site. If you do not agree to the Terms, please do not use the Site.

  2. DEFINITIONS

    In this Agreement unless the context indicates a contrary intention:

    “Agreement” means these Term and includes the Privacy Policy.

    “Links” refers to hyperlinks and pointers to sites operated by third parties.

    “Persons” includes actual person, corporate entity, trust or business of any kind whatsoever.

    “Privacy Policy” means the Privacy Policy of Ocean Youth as herein set out.

    “Terms” refers to these terms and conditions and the Privacy Policy as amended from time to time.

    “User” means both those persons who visit the Site on a one-off basis and those persons who use the Site on a regular basis.

    “Site” refers to the website located at www.oceanyouth.org

    “you” means the User of this Site.

    the words “Ocean Youth”, “we”, “our” and “us” refers to Ocean Youth.

  3. LICENCE TO USE SITE
    1. We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
    2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use in accordance with clause 7 of this Agreement.
    3. You must not add any content to the Site:

      • (a) if you are under 13 years of
      • (b) unless you hold all necessary rights, licences and consents to do so via creating a membership profile;
      • (c)  that would cause you or us to breach any law, regulation, rule, code or legal obligation;
      • (d)  that is or could reasonably be considered to be obscene, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
      • (e) that would bring us, or the Site, into disrepute;
      • (f)  that infringes the intellectual property or other rights of any person.
    4. The Site may contain Links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated material or any content available on any linked website.
    5. You acknowledge and agree that:

      • (a)    we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion in accordance with this Agreement; and
      • (b)    the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
  4. MODIFICATIONS AND NEW TERMS AND CONDITIONS

    Ocean Youth/SEA LIFE Trust ANZ may modify these Terms at any time without notice to you, and such modifications shall be effective immediately. The most current version of the Terms and can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of the main page of the Site.

    Should you object to any of the Terms or any subsequent modifications your only recourse is to immediately discontinue your use of the Site.

  5. INTELLECTUAL PROPERTY RIGHTS
    1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, unless otherwise stated, we own all intellectual property rights in the Site.
    2. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
    3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
    4. The licence in clause 5.2 will survive any termination of these Terms.
    5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 5.2 and 5.3.
  6. COPYRIGHT AND TRADEMARKS OF THIRD PARTIES

    Other trademarks and material may be displayed on the Site belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing displayed on the Site should be construed as Ocean Youth granting any licence or right of use of any logo, masthead or trade mark displayed on the Site without the express written permission of the relevant owner.

  7. INFORMATION FOR PERSONAL, NON-COMMERCIAL USE ONLY

    You acknowledge and agree that the information published by Ocean Youth on the Site provides general information only and may not be sold, redistributed or used for any commercial purpose for unsolicited commercial correspondence. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by the Terms.

  8. INFORMATION DOES NOT REPRESENT PROFESSIONAL ADVICE

    You acknowledge and agree that the information published by Ocean Youth on the Site provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions or taking any action as a result of those decisions.

  9. USER WARRANTIES
    1. You represent and warrant to us that:

      • (a) you have the legal capacity to enter this Agreement; and
      • (b) you have complied with clause 3.3.
  10. DISCLAIMER OF WARRANTIES

    The Site is provided on an “as is”, “as available” basis without warranties on our part of any kind, express or implied. No information provided shall create a warranty; nor shall members or visitors to the Site rely on any such information or advice. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

  11. DISCLAIMER OF LIABILITES
    1. The User assumes all responsibility and risk for the use of the Site and any Links on the Site.
    2. We accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in the Site and to the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
    3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

      • (a) in the case of goods:

        • (i) the replacement of the goods or the supply of equivalent goods;
        • (ii) the repair of the goods;
        • (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • (iv) the payment of having the goods repaired, and
      • (b) in the case of services:

        1. (i) the supply of the services again; or
        2. (ii) the payment of the cost of having the services supplied again.
    4. Under no circumstances, including negligence, shall anyone involved in creating or maintaining the Site be liable for any direct, indirect, incidental, special or consequential damages, or loss of profits that result from the use or inability to use the Site and/or any other websites which are linked to the Site nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access.
  12. NO GUARANTEES OR ENDORSEMENTS

    Ocean Youth does not endorse guarantee warrant or represent any services or products offered by a business or organisation featuring on the Site nor does Ocean Youth have any responsibility or liability for the quality or performance of any third party product or service offered through this Site. The purchase of any goods or services by users of this Site from any of the businesses featuring on this Site is a transaction solely between the User and that business or organisation and disputes arising from such transactions are to be resolved between the User and the business. Ocean Youth is not a party to any transactions between the User and a business including payment for or delivery of any goods or services and is not acting as an agent for the User or the business

  13. NO THIRD PARTY ENDORSEMENTS OR LIABILITY
    1. Links may appear on this Site from time to time. These Links do not form part of this Site and Ocean Youth is not responsible for the information, advertising, products, resources or other material, of any Links on the Site and in no event shall Ocean Youth be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the Links or the information, advertising, products, resources or material accessed through these Links.
    2. You acknowledge that if you enter a third party website via one of these Links you leave the Site and do so entirely at your own risk.
    3. If you contact a third party using functionality provided on this Site, including via e-mail, Ocean Youth accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
    4. Ocean Youth reserves the right to terminate any link or linking program at any time.
  14. NO GUARANTEES AS TO THE SERVICE

    Ocean Youth provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected.

  15. ACCURACY OF INFORMATION
    1. Ocean Youth does not warrant or represent and cannot guarantee that that the information on this Site is current , accurate and free from omissions or errors, including but not limited to business names, addresses, telephone or fax numbers, email addresses, website addresses, or business descriptions, at the time of your access.
    2. Ocean Youth takes no responsibility for matters arising from changes to circumstances or other information or material which may affect accuracy or currency of information on this Site.
  16. OUR RIGHTS TO USE INFORMATION YOU SEND US

    Ocean Youth is always pleased to receive your comments and suggestions our services and this Site however, any information you provide through this Site or in response to any content on this Site such as comments, suggestions and ideas will be considered non-proprietary, non-confidential, and our property, unless otherwise agreed in writing with us prior to you submitting the information. In the absence of such written agreement prior to the submission of the information, Ocean Youth and its designees may use any this information without restriction, and are granted without limitation, the worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from and sell and distribute such submissions in any and all forms and media, now or hereafter discovered, and for us to license others to do the same. If we receive a information that contains personally identifying information about the provider, such as their name, address and telephone number, our Privacy Policy will govern how we’ll use or disclose this information.

  17. POLICY REGARDING REFUND REQUESTS

    You acknowledge and agree that any request made by you regarding a refund of a donation made by you to Ocean Youth must be in writing and will be considered by the Committee of Ocean Youth on a case by case basis. Ocean Youth reserves the right to refuse any request.

  18. TERMINATION
    1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
    2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
  19. GENERAL
    1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
    2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    4. This Agreement is governed by the laws of NSW, Australia and each party submits to the jurisdiction of the courts of NSW, Australia.