Terms Of Use

PLYMOUTH BRETHREN (EXCLUSIVE BRETHREN) CHRISTIAN CHURCH ACN 158 542 075 Website Terms and Conditions (Terms)

  1. 1.            Your acceptance

(a)           These are the terms on which the Plymouth Brethren (Exclusive Brethren) Christian Church ACN 158 542 075 (referred to as PB(EB)CC, we or our) permits users to access and use the PB(EB)CC website theplymouthbrethren.org (Website) including using the services and functionality made available through the Website, viewing Content provided by the PB(EB)CC and communicating with the PB(EB)CC.

(b)          You agree to be bound by these Terms by using, browsing or accessing any part of the Website.

(c)           The PB(EB)CC may from time to time review and update these Terms to take account of new laws, regulations, products or technology.  Your use of the Website will be governed by the most recent Terms posted on the Website.  By continuing to use the Website, you agree to be bound by the most recent Terms.  It is your responsibility to check the Website regularly for updated versions of the Terms.

(d)          The Website is subject to change at any time without notice and may contain errors.

  1. 2.            Content

(a)           The Website is owned and operated by the PB(EB)CC.

(b)          The PB(EB)CC has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website.  The PB(EB)CC reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.

(c)           The Content on the Website is for general information purposes only.  Furthermore, the PB(EB)CC does not warrant or make any representations as to any third party products or services described or referred to on the Website.  Any use of the PB(EB)CC materials or information by another person or organisation is at the user’s own risk.

(d)          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 Content on this Website is not an endorsement of any organisation, product or service.

(e)           While care has been taken in preparing the Content on this Website, the PB(EB)CC and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.

(f)           You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website.  You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy.

(g)          If you have a complaint regarding any Content, the PB(EB)CC’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

  1. 3.            Links

(a)          The Website may contain links to other websites.  The PB(EB)CC provides those links as a ready reference and not as an endorsement of those websites, their operators, the goods, services or content that they describe.

(b)          Other websites which are linked to the Website are not covered by these Terms, and may have their own terms and conditions and privacy policy.  If you choose to access these linked sites, you do so at your own risk.  The PB(EB)CC 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.  The PB(EB)CC is not responsible for and will not be liable in respect of any incorrect link to an external web site.

(c)          You are not permitted to frame the Website without the PB(EB)CC’s express written permission.

  1. 4.            Access and communication

(a)          Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law as found in Schedule 2 to the Competition and Consumer Act 2010 (ACL)), the PB(EB)CC does not warrant that you will have continuous access to the Website.  The PB(EB)CC will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

(b)          The PB(EB)CC does not guarantee the delivery of communications over the internet as such communications rely on third party service providers.  Electronic communication (including electronic mail) is vulnerable to interception by third parties and the PB(EB)CC does not guarantee the security or confidentiality of these communications or the security of the Website.

(c)          The PB(EB)CC does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the 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.

(d)          Details contained on the Website relating to services have been prepared in accordance with Australian law and may not satisfy the laws of another country.  The PB(EB)CC does not warrant that the Website and its content comply with the laws of any other country.  It is your responsibility to determine whether the Website and its content comply with the laws of your jurisdiction.

(e)           If you access and use this Website or its content from outside Australia you do so at your own risk.

  1. 5.            Privacy

Any personal information submitted by you to the PB(EB)CC is subject to and will be handled in accordance with the PB(EB)CC’s privacy policy (Privacy Policy).  The Privacy Policy forms part of these Terms and is set out at www.plymouthbrethrenchristianchurch.org/privacy-policy/.  You agree that, by using the Website or communicating with the PB(EB)CC, you have read the Privacy Policy, understood its contents and consented to its requirements.

  1. 6.            Intellectual property

(a)          All intellectual property rights, including copyright and patents, in the Website, the PB(EB)CC’s services, and all components of them are owned or licensed by the PB(EB)CC or any of its related entities.  You must not copy, modify or transmit any part of the Website.

(b)          The Website contains trademarks, logos, service names and trade names of the PB(EB)CC or third parties which may be registered or otherwise protected by law.  You are not permitted to use any trademarks, logos, service names or trade names appearing on the Website.

  1. 7.            Website licence and use

Subject to the restrictions specified in clause 8, the PB(EB)CC grants you a non-exclusive and non-transferable licence to use the Website for your own personal use.  You may not download (other than page caching) or modify the Website or any portion of the Website.  Any Content that you post on the Website or otherwise provide or communicate to the PB(EB)CC will be treated as non-confidential and non-proprietary information.

  1. 8.            Prohibited uses

In using the Website you must not:

(a)          engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;

(b)          impersonate or falsely claim to represent a person or organisation;

(c)          defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

(d)          post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or

(e)           post, link to, or otherwise distribute any information, material or item which contains a virus, Trojan horse, worm or other harmful or disruptive component.

  1. 9.            Disclaimer of warranties and limitation of liability

(a)           Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL, or any other applicable law that cannot be excluded, restricted or modified by agreement.

(b)          To the extent permitted by law (including the ACL), the PB(EB)CC excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Content, all links to or from the Content and the services advertised or accessible using the Content.

(c)           To the extent permitted by law (including the ACL), the PB(EB)CC’s liability in respect of any non-excludable warranties or conditions relating to the Content, all links to or from the Content and the services advertised or accessible using the content is limited to resupplying the relevant content or the reasonable cost of resupplying the relevant content, whichever the PB(EB)CC sees fit to provide.

(d)          For all other claims or liability, and to the extent permitted by law, the maximum liability of the PB(EB)CC and its employees, agents or contractors for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these terms, the Content, all links to or from the Content and the services advertised or accessible using the content will be $10 in the aggregate of all claims.

(e)           To the extent permitted by law (including the ACL), the PB(EB)CC will not be liable for any direct or indirect lost profit, deletion or corruption of electronically or digitally stored information, or incidental, consequential or special damages arising out of or in connection with the Content, all links to or from the Content and the services advertised or accessible using the Content.

  1. 10.         Indemnity

You will fully indemnify the PB(EB)CC in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a)          any breach of these Terms by you;

(b)          your use of the Website; or

(c)          your communications with the PB(EB)CC.

  1. 11.         Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, 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.

  1. 12.         Severability

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

  1. 13.         Contacting us

If you have questions about the Website, the Terms or Privacy Policy, please contact us by clicking info.au@plymouthbrethrenchristianchurch.org

Last updated: June 2014