Terms of Use

This page outlines the General Conditions of access to and use of the Site including the use of products and services offered on the Site. Additional specific terms may apply to some products and services.

 

1. Acknowledgement and acceptance of General Conditions

   1. www.bertinshaw.com.au (Site) is owned and operated by Chris Bertinshaw (ABN 66 176 010 670) (I, me) to offer visitors access to general information about myself, charities and other entities seeking philanthropic donations in Australia.
   2. The access to and use of the Site (Access) by visitors (you, your) is conditional upon your acceptance of and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions. I reserve the right to revise, amend and update the General Conditions at any time effective on the posting to the Site of the new and amended provisions.

 

2. Access Terms

   1. Visitors to the Site must protect their usernames and passwords from unauthorised use.
   2. Visitors must agree to my Privacy Policy. By your use of the Site you consent to the collection, storage, use and dissemination of personal information in accordance with the Privacy Policy.

 

3. Anonymous and personal information

   1. I may collect anonymous information about visitors and the activities of visitors on the Site. Anonymous information is information that is not linked to the name of a visitor. I may also collect information about the activities of individual visitors by tracking their username.
   2. You grant me the right to use this information for my own purposes, such as:
      1. The preparation of statistical and other reports on the Site usage;
      2. To assist me to enhance the functionality of the Site, provided that I otherwise comply with my obligations in respect to the use of visitor’s personal information.
   3. You indemnify me, my employees, agents and contractors and keep us all indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from the use of personal information submitted on this Site.
   4. For details of my use of personal information see my Privacy Statement.

 

4. Ownership of content on the Site

   1. The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from use of tools and software, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
   2. You must not modify, copy, reproduce, republish, frame, download to a third party, post, transmit or distribute this Content in any way except as expressly provided in these General Conditions or with my express written consent or as, specifically provided for on this Site. Where information is delivered to you in a form that is technically able to be modified, delivery of Content in that form is not taken to grant permission to modify that Content unless expressly noted at the time of delivery.

 

5. Access to the Site

   1. You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
   2. You must not access or use the Site or the Content in any manner or for any purpose which:
      1. is illegal or prohibited by any laws that apply to you;
      2. violates my rights in any way; or
      3. is prohibited by the General Conditions.
   3. You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. I do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.

 

Terms of Use

6. Disclaimer and Limitation of Liability.

   1. Although I have no reason to believe that any information contained in this Site is inaccurate, I do not warrant the accuracy, adequacy or completeness of the information, nor do I undertake to keep this Site updated.
   2. I do not accept responsibility for loss suffered as a result of your reliance upon the accuracy or currency of information contained in this Site. I and my employees, agents and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, free of viruses. The Content is provided “as is” without warrantees of any kind, express or implied, including as to accuracy, timeliness or completeness.
   3. Neither I nor my employees, agents and contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise) in connection with the Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.

 

7. Indemnity

   You must indemnify me and my employees, agents and contractors and keep all of us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

   1. any breach by you of the General Conditions;
   2. reliance by you on any information obtained through the Site, and
   3. your access to the Site.

 

8. Copyright

   Copyright on this Site (including text, graphics, logos, icons, sound recordings, and software) is owned or licensed by me. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Conditions, you may not in any form or by any means;

   1. Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
   2. Commercialise any information, products or services obtained from any part of the Site.

 

9. Trade Marks

   1. Except where otherwise specified, any word or device to which the TM or (R) symbol is attached, is a trade mark in which I claim proprietary rights.
   2. If you use any of my trade marks in reference to my activities, products or services, you must include a statement attributing that trade mark to me. You must not use any of my trade marks:
      1. In or as the whole or part of your own trade marks;
      2. In connection with activities, products or services which are not ours;
      3. In a manner which may be confusing, misleading or deceptive; or
      4. In a manner which disparages me or my information, products or services (including this Site).

 

10. Termination

    I may terminate access to this Site and the provision of the Services at any time without notice. The General Conditions will nevertheless survive any such termination.

 

11. Governing Law

    These General Conditions are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

 

12. Linking to the Site

    No linking is permitted to the Site unless it is the subject of a specific written agreement between you and me.

 

13. Advertising and links to other web sites.

1. The Site may contain links to third party sites (Linked Sites). Linked Sites are not under my control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). I provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by me or my employees, agents or contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
2. Neither I nor my employees, agents or contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do I or they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.

 

14. General

1. I do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond my reasonable control.
2. If I waive any rights available under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
3. If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

 

Website Disclaimer

Chris Bertinshaw owns this web site (www.bertinshaw.com.au). Any information provided on this web site is of a general nature and is not guaranteed to be accurate or complete. Information has been sourced from third parties, usually charitable organisations and not-for-profit organisations that seek philanthropic donations. Since Chris Bertinshaw cannot guarantee the accuracy or completeness of the information, he cannot guarantee that the information is accurate or complete. You should not rely solely on this web site to form an opinion about an organisation assessed, mentioned or referred to on this web site.