1. Website Terms and Conditions
1.1 This website www.mito.org.au (“Website”) is operated by the Mito Foundation ABN 84 135 324 391, (“AMDF”).
1.2 Your access and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the “Terms and Conditions”). Your use of some parts or features of the Website may be governed by additional terms and conditions. Where this is the case those additional terms and conditions:
(1) will apply to your use of such parts of the Website or features in addition to these terms and conditions; and
(2) will prevail over these terms and conditions to the extent of any inconsistency.
1.3 the Mito Foundation reserves the right to amend the Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions.
1.4 Your use and/or continued access to the Website constitutes an agreement by you that you accept and agree to abide and be bound by the Terms and Conditions and any amendments. Should you object to any of the Terms and Conditions or any amendments your only recourse is to immediately discontinue your use of the Website. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.
2. Intellectual Property Rights
2.1 The content of this Website, including all information, data, text, graphics, images, video, audio, software, advertisements and other content and material (“Material”), is and remains at all times the property of the Mito Foundation and its licensors and is protected by Australian and international copyright law.
2.2 You may use this Material for your personal reference only and may download a single copy of the Material, keep a temporary copy in your computer’s cache and make a single hard copy. The Material may not otherwise be used, copied, reproduced, published, framed, stored in a retrieval system, altered, licensed or transmitted in any form or by any means, in whole or part, unless expressly provided for in the Website or expressly authorized in writing by the Mito Foundation.
2.3 All names, logos and trademarks are the property of the Mito Foundation or third parties. Nothing on the Website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of the Mito Foundation or the relevant owner.
3. Your Use of the Website
3.1 You must not use the Website in any manner or for any purpose that is unlawful, or in any manner that violates any right of the Mito Foundation, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the Website that you do NOT do any of the following:
(1) disrupt or interfere with the Website or any servers, software, hardware or equipment connected to or via the Website;
(2) restrict or inhibit any other user from using or enjoying the Website;
(3) distribute or transmit any Material of any kind which contains a virus or other harmful component;
(4) Violate any Applicable Law relating to your use of the Website.
3.2 In these Terms and Conditions, “Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing:
(1) any law, rule or regulation of any country (or political sub-division of a country);
(2) any obligation under any licence in any country (or political sub-division of a country);
(3) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
4. User-Generated Content
4.1 In respect of data, text, emails, files, names, likenesses, logos, artwork, graphics, images, video, audio, HTML or other web design code, image maps, software applications and other content or material uploaded, sent or communicated by you or on your behalf to the Website (“Content”), you acknowledge and agree that you are responsible for:
(1) the suitability, installation, configuration, uploading, downloading, use, operation, communication, accuracy and legality of the Content, and that Energizer does not monitor, install, configure, download, review, authorise, edit or alter Content;
(2) the back up of the Content and any other date or files, unless otherwise expressly agreed by us.
4.2 You authorise and license us to copy, reproduce, communicate, distribute, perform and display the Content for the purposes of providing the Website and any associated services to you.
4.3 You warrant that the Content and your use of the Content in the Application:
(a) complies with all Applicable Laws;
(b) is not obscene, indecent, unsuitable for minors, excessively violent, misleading, deceptive or defamatory;
(c) does not infringe any intellectual property rights or other rights of any entity or person;
(d) does not include pornography, nudity, adult sexual content or any sex-related merchandising;
(e) is not damaging to our servers or any other servers on the internet; and
(f) does not include material or resources relating to hacking/phreaking, viruses, anarchy, or that promote or participate in wilful harm to Internet sites or providers.
4.4 We may without notice to you remove, amend, alter or deny access to any Content or Material in our sole discretion if:
(1) we are required to do so by any Applicable Law or order or judgment of a Court or tribunal of fact or law or other competent body (including any “take down notice” issued under the Broadcasting Services Act 1992 (Cth)); or
(2) in our opinion any such Content is obscene, offensive, indecent, excessively violent, illegal, misleading or defamatory, or otherwise unacceptable, undesirable or objectionable.
5.1 You indemnify the Mito Foundation against any losses, liabilities, costs or other expenses incurred by the Mito Foundation in connection with, or arising directly or indirectly as a result of, your use of or access to the Website or any breach or violation of the Terms and Conditions.
6. Links and Advertisements
6.1 The Website may contain hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under the control of the Mito Foundation and the Mito Foundation is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The Mito Foundation provides these links to you as a convenience only and the inclusion of any link does not imply an endorsement of the Linked site by the Mito Foundation. You link to a Linked Site entirely at your own risk. The Mito Foundation is not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency these Terms and Conditions prevail.
6.2 The Website may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by the Mito Foundation of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law the Mito Foundation accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
7.1 During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer.
8.1 The Trade Practices Act 1974 (Cth) and corresponding state and territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms”). Except as provided by the Prescribed Terms:
(1) this Website and all Material are provided on an “as is” basis without any warranties of any kind;
(2) all implied warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed;
(3) the Mito Foundation, its directors, employees and suppliers, do not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses and other harmful data, code, components or other material;
(4) the Mito Foundation, its directors, employees and suppliers, do not warrant that they will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that they will give notice of such use, modification or alteration;
(5) the Mito Foundation, its directors, employees and suppliers, do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and Material and may be made at any time without notice; and
(6) If your use of the Website or the Material results in the need for servicing or replacing equipment or data, the Mito Foundation, its directors, employees and distributors are not responsible for those costs.
8.2 If a jurisdiction does not allow the exclusion of implied warranties in accordance with clause 9.1 but allows limitations of a certain maximum extent then we limit our warranties to that extent. Limitation of Liability
9.1 Except as provided by the Prescribed Terms or expressly in these Terms and Conditions, the Mito Foundation, its directors, employees and suppliers shall not be liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access, the Website or any Material.
9.2 To the fullest extent permitted by law the Mito Foundation’s liability, and that of any of the parties mentioned in clause 9.1, under any Prescribed Terms is limited at the option of the Mito Foundation to the following:
(1) In the case of services:
(a) The supply of the services again; or
(b) The payment of the cost of having services supplied again; and
(2) In the case of goods:
(a) The replacement of the goods or the supply of equivalent goods;
(b) The repair of such goods;
(c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) The payment of the cost of having the goods repaired.
9.3 If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph 9.2 but allows a limitation of a certain maximum extent then liability is limited to that extent.
10.1 the Mito Foundation may terminate these Terms and Conditions and your access to the Website and Materials at any time without notice. In the event of termination you must immediately cease accessing and using the Website and Materials and (at the Mito Foundation’s option) return any hard copies of the Material to the Mito Foundation or destroy any hard copies and any other electronic copies of the Material within your control or possession. All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.
11.1 The Mito Foundation is a registered Australian charity. All donations made go directly to the Mito Foundation to support its research, patient support and education/awareness programmes. All transactions are processed in Australian dollars. Tax donations $2 and over are tax deductible. A tax deductible receipt will be issued to the donor where email or postal details are provided.
11.2 Refund policy: Please note that under no circumstances will a refund be provided for donations made.
12.1 If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect. All rights not expressly granted are reserved.