Terms and Conditions
Effective February 24, 2022
Do not use this service for any mental health emergency or crisis. If you are experiencing a medical emergency, please call 000 or if you require professional mental health crisis support please call Lifeline on 13 11 14.
A. About Us:
The Compassionate Friends Victoria (“TCFV”, “we”, “our”, “us”) provides a siblings memorial website for bereaved siblings who are seeking emotional health and support, a creative space and would like to connect with other bereaving siblings with lived experience. We do this by providing a memorial service consisting of support services, areas to post contributed artwork, poems or creative pieces and memorial events (“Service”), which is offered through the Memorial Website: siblinggrief.org.au (“Website”). By accessing or using the Service, Website users(“you”, “your”) expressly agree to be bound to and to abide by these Terms of Use (“Terms”) and our Privacy Policy located at https://siblinggrief.org.au/privacy-policy/ If you do not agree to be bound to or to abide by these Terms and our Privacy Policies, do not use our Memorial Website.
By accessing and registering to use the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and acknowledge that you have read, understood and agree to be bound by all the provisions, conditions and notices contained in these Terms, just as if you had signed these Terms.
These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights under these Terms and with respect to disputes you may have with us.
B. Terms of Use:
1. Service Conditions.
You cannot register as a Website user unless you are a bereaved sibling 18+ years of age and residing in Australia. By using the Service, you represent and warrant to us that:
(a) you are 18+ years of age;
(b) you have the right, authority and capacity to agree to, and abide by these Terms;
(c) you have read, understood and agree to be bound by these Terms; and
(d) you will not use the Service for any unlawful purpose or any purpose which violates these Terms.
2. Access to Service.
When you register as a Website user you will be granted a personal, revocable, non-exclusive, non-assignable, non-transferable, limited and temporary licence to access and use the Service on the Website. We will be entitled to terminate, restrict, or suspend your registration with immediate effect and without notice at any time, including but not limited to by deleting your account or your content or otherwise restricting your ability to access or use the Service, for any reason as determined by us.
3. Accounts.
To use the Service you must register by providing us with your personal details, including your name and email address. If you choose to register for the Service, including online support, then you agree to provide true, accurate, current and complete information as prompted by our registration form, and to maintain and promptly update the information you provide to us in order to keep such information true, accurate, current and complete.
You agree that you are solely and fully responsible for any activity / actions taken under your account including any use of your password. You agree to immediately notify us of any unauthorized uses of your password and/or any other breaches of security.
4. User content and posting.
Website users can post creative content, which could include art, pictures, videos, personal reflection or literature. You must ensure that content you post or share on the Website is of your own creation and not obtained from other sources. From time to time, TCFV may wish to use content shared on the Website for promotional or training purposes. In this instance, TCFV exercises the right to use content posted on the Website for these purposes and will endeavour to gain consent from you. Where you cannot be contacted via email, or where you have deleted your account but not the content, you agree to provide TCFV with a non-exclusive, perpetual licence to use this content for the above purposes only.
You acknowledge and agree that you are responsible for all content that you post or transmit through the Service. You acknowledge that you can opt to delete your account, or delete content that you have posted, such as your photos or creative content. You acknowledge and agree that if you opt to delete your account or content you have created, you will not be able to recover this information later. Information that others have shared about you is not part of your account and will not be deleted by TCFV.
You understand that the Service is not intended for medical or mental health diagnosis, advice, or treatment and any content on the Service or Website should not be considered professional advice.
You represent and warrant that you will comply with all applicable laws, regulations, and ordinances of the applicable jurisdiction, and that you own or have the rights to share, copy, disseminate, distribute and sublicense any content you post on the Service. We assume no responsibility for a Website user’s compliance or lack of compliance with any applicable laws, rules or regulations.
Your access and use of the Service will be subject to moderation by TCFV, based on the nature of content posting, with consideration to the sensitivities of other Website users. We may do this to enforce the Terms, or if upon reviewing the website content, we determine, at our sole discretion, that our intervention or involvement is necessary. You agree that your content may be removed or deleted at any time, without warning, by TCFV.
5. Memorial Website Guidelines.
To ensure that our Service is safe and beneficial, you acknowledge and agree that your access and use of the Service is subject to acceptance of the guidelines within this section (“Guidelines”). The Guidelines are all derived from common sense, basic courtesy, empathy for the bereaving nature of Website users, respect, and adherence to the law. We recommend you check back from time to time, as they may be updated at any time at TCFV’s sole discretion.
The Guidelines are as follows:
(a) If you are having thoughts about harming yourself or others, please get help now by calling Lifeline 13 11 14 or your emergency services on 000. This Service cannot substitute the professional care you need.
(b) You must comply with the Terms;
(c) You must be 18+ years old to use the Service;
(d) You must be a bereaved sibling residing in Australia to use the Service;
(e) The Service is not intended for medical or mental health diagnosis, advice, or treatment and the content on the site should not be considered medical advice. None of the content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you;
(f) Be open, honest and respectful. Accept and respect our differences;
(g) TCFV and it’s website moderators will not share, copy or disseminate content without a Website user’s consent, unless required or authorised to do so by law;
(h) Do not post any hostile or disrespectful content on the service;
(i) Bullying and harassment will not be tolerated in any form;
(j) Any content, post or message that is insensitive to someone’s bereavement journey, promotes or condones racism, s****l harassment, bigotry, v******e, hate, dehumanization, or harm against individuals or groups based on things like race, ethnicity, disability, age, nationality, s****l orientation, gender, gender identity, religion, appearance, or occupation/association with a group is strictly forbidden and may result in you being permanently banned from using the Service; and
(k) Do not post inappropriate content or offensive language.
If you fail to comply with the Guidelines at any time during your use of the Service, TCFV may, in its sole discretion and without warning, restrict or remove your access to the Service.
6. Waiver of Claims.
To the maximum extent permitted by applicable law, you hereby agree to release, waive and discharge all claims, actions, demands, suits or proceedings including any and all liability for damages (actual and or consequential), costs and expenses of every kind and nature arising from or in any way related to
a) the Service, the Website or these Terms;
b) your device; and
c) any inaccuracy or incompleteness of any information or content obtained or accessed through the Service.
7. Assumption of the Risk.
TCFV make no representations about the accuracy, currency, completeness or suitability of the information on the Website, including information posted by any Website user. You knowingly and freely assume all risk when using the Service. You agree that TCFV will have no responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your access or use of the Service.
You agree to release TCFV from any claims for bodily injury, property damage, wrongful death, defamation of character, emotional distress or other damages or harm, whether to you or third parties which may result from any aspect of using the Service.
8. Limitation of Liability.
To the extent not prohibited by law, in no event shall we be liable for personal injury, emotional distress or defamation of character related to or resulting from any aspect of using the Service or any incidental or consequential damages whatsoever– arising out of or related to:
a) these Terms; or
b) any aspect of your use or access to the Service and Website.
9. Dispute Resolution.
In the event that any dispute arises with respect to our Service, Website, Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by the courts in Victoria.
You agree that any cause of action that you may have arising out of or related to the Service must commence within (1) year of you becoming aware of the cause of action, or when a reasonable person would become aware of the cause of action, whichever occurs sooner. You agree that you may bring claims against us only on an individual basis and not as a plaintiff in a class action.
10. Indemnification.
You agree to indemnify TCFV from and against any and all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to:
(a) your use of the Service;
(b) any infringement of a third party’s rights;
(c) your device;
(d) a breach of a representation or warranty;
(e) content posted by you;
(f) alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us;
(g) any defamatory, offensive, fraudulent, or illegal use of our Service by you;
(h) any violation of a law or regulation by you relating to the Service;
(i) any accidental or improper disclosure of information; and
(j) any violation by you of these Terms or any of our other Policies.
11. Notification.
By using the Service, you agree that we may provide you with any notices or other communications about the Service electronically: via email (in each case to the address that you provide) or online message.
12. Privacy Policy.
By using our Service, you agree to the provisions of our Privacy Policy. You further agree that we may disclose Personal Data (as defined in our Privacy Policy) according to our Privacy Policy, as determined by us. Please see our Privacy Policy for more information.
13. Third Parties.
From time to time, we may engage third parties to assist us in providing certain aspects of the Service. You agree that we may engage such third parties in providing a service to you, as determined by us.
14. Cookies.
By your use of the Websites, we may issue to and request from your computer, blocks of data known as “cookies”. By using the Websites, you authorise us to issue such cookies to your computer.
15. Entire Agreement; Modification.
These Terms together with our Privacy Policy any other document referenced herein constitutes the entire understanding between us and you with respect to the subject matter hereof. If any term, condition or provision of these Terms is held to be unlawful, invalid, void or for any reason unenforceable, that provision will be struck out and the remaining terms, conditions or provisions will not in any way be affected or impaired.
You agree that we may amend, modify, or alter these Terms and/or our Privacy Policy at any time at our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Service after such notification will constitute acceptance by you of such changes to the Terms.
16. Governing Law.
These Terms are governed by and construed in accordance with the laws of Victoria, Australia and any claim arising in connection with them will be subject to the non-exclusive jurisdiction of Australian courts. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
17. Compliance.
You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Service. Website users use the Service at their own volition and are entirely responsible for compliance with applicable law.
18. Miscellaneous.
In the event of any problem with the Service, the Website or any content, you agree that your sole remedy is to cease using the Service and the Website. TCFV accepts no liability for any failure to comply with these Terms where such failure is due to circumstances beyond its reasonable control.
In the case of a breach of these Terms by you or any other person, TCFV is free to decide whether it wishes to take action for such breach, and if so, when and how.
You may not assign any of your rights or obligations pursuant to these Terms.
19. Feedback.
We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may email us at: support@tcfv.org.au.