TERMS & CONDITIONS

The Australian Resilience Corps is a programme managed by the Minderoo Foundation Limited as trustee for The Minderoo Foundation Trust (Minderoo Foundation) through its Fire and Flood Resilience Initiative.

This is a website of Minderoo Foundation. The following are the terms and conditions on which Minderoo Foundation permits users to:

  • access and use this website and any services and functionality made available through this website;
  • view and interact with any content, information, communications, advice, text or other material made available on this website;
  • upload content, including information, content, text or other material to this website; and
  • communicate with Minderoo

By using the pages in this website, you agree to these terms and conditions. If you do not agree, you should not use this website. We may change or update these terms and conditions from time to time and without notice to you. Your use of this website will be governed by the most recent conditions posted on this website. By continuing to use the website, you agree to be bound by the most recent terms and conditions. The Australian Resilience Corps aims to support the resilience of communities to lift disaster resilience and reduce our vulnerability to climate change risks. The content on this website is for general information and promotional purposes only. Information on this website, or those of any of its related entities, or related bodies corporate, is provided with the understanding that Minderoo Foundation is not rendering professional advice or recommendations.

The material in this website could include technical inaccuracies or typographical errors. Minderoo Foundation may make changes or improvements at any time.

While every effort is taken to ensure the information on this website is accurate, you should not rely on any information on this website to replace consultations with qualified professionals to meet your individual needs. You should exercise your own skill and care with respect to your use of this website and your participation in the Australian Resilience Corps programme.

Minderoo Foundation does not warrant or make any representations as to any third party products or services described or referred to on this website. Any use of this website’s content, materials or information by another person or organisation is at your own risk.

The content on this website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of third party content on this website is not an endorsement of any organisation, product, service or advice.

This website contains trade marks, logos and trade names of Minderoo Foundation or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on this website.

All intellectual property rights, including copyright, in this website and its content are owned or licensed by Minderoo Foundation or any of its related entities. All rights are reserved. Apart from any use permitted under the Copyright Act 1968 (Cth), you must not copy, frame, modify, transmit or distribute the material at this website without the consent of the copyright owner.

You may save a local copy or print a copy of material at this site for your own personal non-commercial use, provided the copyright notice on the material is not removed. However, you may not charge for such use and any commercial use is expressly prohibited. This means, for example, that you must not post material from this site to a local intranet site, or distribute the material for your own commercial purpose, without the copyright owner’s permission.

You are welcome to link to this site, provided that in doing so:

  • you do not use any trade marks featured without the permission of the trade mark owner; and
  • you do not link to this site from a site or in a manner which disparages the reputation of Minderoo Foundation, its related bodies corporate, related entities, suppliers or

For permission to use text information or photographs from this website in a manner other than that stated above, please contact us at hello@minderoo.com.au.

If you have any questions about this website, or if you find any errors, please contact us at hello@minderoo.com.au.

Restrictions and limitations of liability

Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Subject to the remainder of this section, Minderoo Foundation does not warrant the accuracy, adequacy, reliability or completeness of the information and materials in this website and expressly disclaims liability for errors or omissions in such information and materials.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Minderoo Foundation for a breach of a non-excludable guarantee is limited, at Minderoo Foundation’s option, to:

  • in the case of goods supplied or offered by us, any one or more of the following:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; or
  • in the case of services supplied or offered by us:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied

Minderoo Foundation will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with this website, the content on this website, all links to or from this website or the goods and services advertised or referred to on this website.

The maximum aggregate liability of Minderoo Foundation for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of

$100.

This website may be linked to other sites that are not maintained by Minderoo Foundation. Minderoo Foundation is not responsible for the content of those sites. We have not reviewed all of the third party websites linked on this website and are not responsible for and will not be liable in respect of their content or accuracy. The inclusion of any link to such sites does not imply endorsement, support or sponsorship by Minderoo Foundation of the other sites, their operators, the goods, services or content that they describe and Minderoo Foundation makes no representations whatsoever about any other website which you may access through this website.

Facebook, Twitter and other third party websites which are linked to this website, are not covered by these terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Minderoo Foundation is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Minderoo Foundation is not responsible for and will not be liable in respect of any incorrect link to an external website.

General terms

User Accounts

To access certain features and functionality of the website, you may have to register as a user and obtain an account by providing information required at registration and agreeing to these terms and conditions. You warrant that you are of legal age to form a contract in the place where you are accessing the website.

You agree that you are responsible for all activities that occur under your account.

Minderoo Foundation accepts no liability for the misuse of users’ passwords and accounts. You agree to notify Minderoo Foundation if your password is lost, stolen, disclosed to an unauthorised third party, or otherwise compromised.

Privacy

Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to Minderoo Foundation is subject to and will be handled in accordance with Minderoo’s Privacy Policy. The Privacy Policy can be found at https://resiliencecorp.wpengine.com . You agree that, by using the Website or communicating with Minderoo Foundation, you have read the Privacy Policy, understood its contents and consented to its requirements.

You must not upload any personal information of another individual to the website unless you first make them aware of our Privacy Policy and have their consent to upload such personal information.

Prohibited uses

You agree that in accessing and using this website, you will not engage or attempt to engage in any activities that:

  • download (other than page caching) or modify this website or any portion of this website;
  • impersonate or falsely claim to represent a person or organisation;
  • provide false information when registering or changing your registration details;
  • are commercial, including selling, marketing, advertising or promoting goods or services;
  • frame this website without Minderoo Foundation’s express written permission;
  • post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use this website in a manner which is unlawful or would infringe the privacy or rights of another person including any intellectual property rights;
  • post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
  • bypass (or attempt to bypass) any security mechanisms imposed by this website;
  • provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
  • delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any material contained in this website; or
  • knowingly post or transmit or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or

Access and communication

Subject to the consumer guarantees provided for in the ACL, Minderoo Foundation does not warrant that you will have continuous access to this website and will not be liable if this website is unavailable to you. Whilst Minderoo Foundation takes reasonable precautions to protect information transmitted via this website, Minderoo Foundation cannot and does not guarantee the security or confidentiality of these communications or the security of this website.

Minderoo Foundation does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across this website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Termination of your access to this website

Minderoo Foundation may at any time immediately terminate your access (including restricting access) to this website or any feature of this website for any reason (including due to your breach or alleged breach of these terms) in its sole discretion and without prior notice.

Events

Events, such as community musters, are hosted by users or this website and/or participants in the Australian Resilience Corps programme, and not by Minderoo Foundation. Minderoo Foundation does not conduct checks, or otherwise inquire into the background of any users or participants or assess the suitability of any premises where events are held.

No representation, warranty, assurance or undertaking (express or implied) is or will be made by the Minderoo Foundation in relation to the adequacy, accuracy, completeness, reasonableness and relevance of any information exchanged during your participation in any such event, or of any other information supplied or otherwise made available to you in connection with the Australian Resilience Corps programme.

Jurisdiction and law

These terms are governed by and must be construed in accordance with the laws of the State of Western Australia, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.

International use

We make no representation or warranty that any offering or content accessible through this website is appropriate or available for use in locations outside Australia. If you choose to access this website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access this website from any location where doing so would be illegal.

Severability

Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.

Feedback and complaints handling procedure

Minderoo Foundation welcomes feedback and uses best efforts to attend to all complaints promptly. Please email us at hello@minderoo.com.au.