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Conditions of Participation
1. Preamblea. These Conditions of Participation (Conditions) and any accompanying program-specific indemnity forms, information packs and registration packs constitute the terms by which the Participant agrees to uphold whilst participating in the relevant Program. Please read these Conditions carefully.
b. It is the Participant's responsibility to inform themselves of these Conditions and any other conditions relating to the Program prior to participating in the Program. By entering the Program Site, the Participant accepts and understands as binding on them the Conditions and any accompanying risks, obligations and responsibilities. The Program is operated by [The Young Men’s Christian Association of Victoria Incorporated] (YMCA Victoria). If the Participant has any queries in relation to these Conditions please contact the relevant Program Coordinator.
2. Definitionsa. ACL
means Schedule 2 of the CCA.
means the Australian Consumer Law and Fair Trading Act 2012 (Vic)
means the Competition and Consumer Act 2010 (Cth).
d. Online Participant
means a Participant who accesses a Program online using the Virtual Y Platform.
means a person who is registered to participate in a Program. Unless an age is specified, ‘participant’ refers to the obligations of both the registered participant and their parent/guardian.
means employees, officers, contractors, agents and representatives (as applicable) and includes volunteers.
means YMCA Victoria Youth Services program operated at the Program Site, or services and content accessed online by Online Participants at the Virtual Y Platform.
h. Program Site
means the physical location where the Program will take place including the physical boundaries of the Program as explained by YMCA Victoria Personnel at the beginning of the Program, but does not include any locations from which Online Participants access or use the Virtual Y platform.
i. Reckless Conduct
means if YMCA Victoria and/or YMCA Victoria's Personnel is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person, and, engaged in the conduct despite the risk and without adequate justification, in accordance with section 139A(5) of the CCA.
j. Recreational Services
means services that consist of participation in a sporting activity or a similar leisure time pursuit, or any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure, in accordance with section 139A(2) of the CCA and section 22(4) of the ACLV.
k. Virtual Y Platform
means the Virtual Y online platform available at virtualy.ymca.org.au.
3. Release from liability under the ACLa. To the extent permitted by the law and in respect of any Recreational Services, including when Online Participants are online using the Virtual Y Platform, the Participants hereby release and discharge each of YMCA Victoria and/or YMCA Victoria's Personnel from all and any claims, loss, damage, costs and expense arising from any:
ii. physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
iii. contraction, aggravation or acceleration of a disease of an individual; or
iv. coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or community, or, that may result in harm or disadvantage to the individual or community,
however it may be caused and even if caused by negligence or lack of due care and skill (other than Reckless Conduct) of YMCA Victoria and YMCA Victoria's Personnel arising from or connected with the supply or organisation of or participation in Recreational Services.
b. This release is intended to exclude the Participant's rights under Subdivision B of Division 1 of Part 3-2 of the ACL and all other rights which may legally be excluded.
4. Release from liability under the ACLVa. The release of liability under the ACL is mirrored in the ACLV, and as such, clause 3(a) of these Conditions applies to the discharge of each of YMCA Victoria and/or YMCA Victoria's Personnel from all and any claims, loss, damage, costs and expense in relation to the Recreational Services under the ACLV arising from death or personal injury (as defined in the ACLV).
b. This release is intended to exclude the Participant's rights under Subdivision B of Division 1 of Part 3-2 of the ACL and all other rights which may legally be excluded.
c. The below 'WARNING' and 'NOTE' are mandatory wording in accordance with regulation 6 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) that you accept upon entering into these Conditions.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you—
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this notice, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
For the purpose of paragraph 4, “the supplier” shall mean and include YMCA Victoria and/or YMCA Victoria's Personnel.
5. Responsibilities and Services provided by YMCA Victoria (not applicable for Online Participants)a. First Aid
i. Where the Program is not based in a school, and no external First Aid provider has been engaged, YMCA Victoria will provide basic first aid services. The Participant provides YMCA with authority to obtain all necessary medical assistance as may be required (including ambulance transportation) and agree to pay all expenses for medical assistance and treatment.
b. Medication administration
i. Participant medication will be stored and administered by YMCA Victoria in accordance with the guidelines of the relevant Program. Where the Participant is between the ages of 16 and 18 years, YMCA Victoria will store medication at all times and provide it to the Participant to self-administer under supervision by YMCA Victoria.
c. Sun protection
i. Where the Participant will be required to be outside during times of moderate or higher UV levels, YMCA Victoria will provide the following sun protection measures:
- Basic SPF 50+ sunscreen
- Adequate access to shade
6. Responsibilities of the Participanta. Code of Conduct
i. Personnel as Participant
Where the Participant is YMCA Personnel, the Participant must adhere to YMCA Victoria Code of Conduct policy at all times.
i. Participants are expected to respect the diversity, background and individuality of all participants, YMCA Personnel, and members of the public. YMCA Victoria is not tolerant of language or behaviour that is homophobic, sexist, racist, or in any other way aggressive, bullying or discriminatory, in an in-person or online capacity. Words or actions displaying these tendencies may result in removal of a Participant from the Program, at the discretion of the program coordinator. Action of this nature may also result in the participant not being accepted onto future YMCA programs.
c. Leaving Program Site (not applicable for Online Participants)
i. Participants over 18 years
It is an expectation that the Participant will remain at the Program Site for the duration of the program. If leaving the Program Site, the Participant must inform the program coordinator prior to departure.
ii. Participants under 18 years
Participants under the age of 18 years must not leave the Program Site at any time without the supervision of a YMCA leader, OR without being signed out by an approved parent or guardian.
iii. In the instance that the Participant leaves the Program Site without meeting the conditions outlined in 5.C.ii, YMCA Victoria may contact local police. If the Participant is under the age of 18 years, their parent/guardian will be contacted and expected to collect the Participant from the Program immediately.
iv. YMCA Victoria is not liable for any injury, loss or damage that may occur once a Participant has left the Program Site.
d. Property damage
i. The Participant is liable for and indemnifies YMCA Victoria for any loss, damage, claims or liability connected with any property damage at the Program Site caused or contributed to by the Participant.
e. Banned substances & items
i. In line with the YMCA Victoria Alcohol and Other Drugs Policy (Policy), YMCA Victoria has zero tolerance for any activities that adversely or cause any risk to health and safety, including the consumption of alcohol (other than as permitted in the Policy) and use of other drugs. This extends to all Participants, and as such the Program is strictly drug and alcohol-free. Participants, including Online Participants, found in possession of, or found to be consuming, these substances may be asked to leave the Program immediately at the discretion of the program coordinator, and the matter may be referred to the police where relevant. Action of this nature may also result in the Participant not being accepted into future YMCA programs.
ii. The following items are not allowed on the Program under any circumstances:
- Prescription drugs or medication other than those prescribed to the Participant by a doctor or healthcare professional;
- Illicit substances;
- Cigarettes (where the Participant is under 18 years of age)
Participants, including Online Participants, found in possession of, or found to be consuming, these items may be asked to leave the Program immediately at the discretion of the program coordinator, and the matter may be referred to the police where relevant. Action of this nature may also result in the Participant not being accepted into future YMCA programs.
f. Participant information
i. Registration and indemnity forms
It is the responsibility of the Participant to fully complete the relevant program indemnity and registration forms. Failure to do so may result in the Participant’s registration for the program being rejected.
ii. Provision of adequate information
It is the responsibility of the Participant to provide YMCA Victoria with adequate information regarding medical conditions and additional support needs that may require support beyond the standard support ratios of the Program. Failure to do so may result in the participant’s registration for the program being rejected, or the Participant being required to leave the program immediately (see section 7).
g. Transport and access to the Virtual Y Platform
i. It is the responsibility of the Participant to arrange transport to and from the Program Site (including Bus Pick-up points) at all times (including in the event of removal from the Program). If the Participant has not arrived at the Program Site by the allocated start time or is not picked up by the allocated finish time, the Participant may incur and be billed for an additional expense for supervision. This expense is set at $100 per hour per participant.
h. Duty of Care (not applicable for Online Participants)
i. Where the Participant is under the age of 18, the Participant’s parent or guardian must sign over duty of care to YMCA Victoria prior to leaving their child on the Program Site, and sign the Participant out of the Program before removing them from the Program Site.
i. Medical (not applicable for Online Participants)
i. Provision of medication
Where the Participant requires medically prescribed or over the counter drugs to treat a medical condition or illness they are required to inform YMCA Victoria in writing at the commencement of the Program. The Participant must provide this information using the YMCA Victoria Confidential Medication Authority Form – Prescribed and Non Prescribed Medication form as provided in the Program’s indemnity form. Where the Participant is under the age of 16 years the medication must be provided to YMCA Victoria in pharmacy-created blister packs with correct dosages.
ii. Possession of medication
1. Where a Participant is under the age of 16 years, they must not have any medication in their possession during the Program. This includes pain killers and cough lollies. YMCA Victoria will store all medication (whether prescription or not prescription) at all times.
2. Where the participant is between 16 - 18 years of age, all prescription medication must be handed to YMCA Personnel for storage at the commencement of the Program, with the exception of:
- the contraceptive pill;
- asthma related medication;
- auto-adrenaline injectors
YMCA Personnel will allow access to medication at all practical times.
iii. Administration of medication
1. Where the Participant is under the age of 16 years, YMCA Victoria will administer provided medication as indicated on the YMCA Victoria Confidential Medication Authority Form – Prescribed and Non Prescribed Medication form.
2. Where the Participant is over the age of 16 years and under the age of 18 years, they may self-administer medication.
3. Where the Participant is over the age of 18 years, they may self-administer medication.
YMCA Victoria reserves the right to store and administer medication deemed to be High Risk belonging to any participant.
iv. Sharing of medication
Where the Participant has possession of prescription medication whilst on a YMCA program, they must not share this medication with anyone other than the person named on the medication prescription. Sharing of medication may result in the Participant being asked to leave the program immediately, and the matter may be referred to police where relevant.
j. Personal Liability and Valuables
i. The Participant holds full responsibility for the safety and security of personal belongings and brings personal items onto the Program Site at their own risk. YMCA Victoria is not responsible under any circumstance for damaged, lost or stolen items.
k. Sexual behaviour
i. Participants must not engage in any activities of a romantic or sexual nature throughout the Program at any time. This includes holding hands, kissing, or sexual contact or action of any nature in an in-person or online capacity. Actions of this nature may result in the Participant being asked to leave the Program immediately, and the matter may be referred to police where relevant. All actions of this nature will be referred to the participant’s parent/guardian, school and/or workplace where relevant.
l. Sun Protection
i. Where the Participant will be required to be outside, it is the responsibility of the Participant to provide and wear the following sun protection measures:
- Clothing that covers shoulders
- A hat
- Additional sunscreen as required on an individual basis (e.g.: for sensitive skin)
Participants who do not wear all sun protection measures as listed above and in section 4.d will be required to remain indoors or in a shaded area for the duration of the Program that takes part outdoors, which may result in the Participant missing parts of the Program.
7. Cancellation (not applicable to the Online Platform)a. Cancellation by YMCA Victoria
YMCA Victoria reserves the right to cancel or alter a Programs on short notice in the event of unsuitable weather conditions or other factors which may arise that are beyond the control of YMCA Victoria. If a Program is cancelled, all Participants will be notified by phone and email as soon as possible. The participant may transfer amounts paid to an alternate program or alternatively receive a full refund, including deposit for fees paid in relation to the cancelled Program.
b. Other than as set out in section 6.a above, YMCA Victoria will not be liable to a Participant for any loss or damage (including, but not limited to, indirect or consequential loss or damage, for example travel costs) suffered as a result of or arising from or in any way connected to cancellation, postponement or change to the Program in such circumstances.
c. By participant
Cancellation of attendance by the Participant at the Program may be made at any time. Bookings cancelled without adequate notice may result in cancellation fees and/or forfeiting of some or all of the Program cost. Refer to individual program terms and conditions for program-specific information.
8. Termination of Participation (not applicable for Online Participants)a. Termination of Participation
If a Participant breaches these Conditions, YMCA Victoria reserves the right to ask a Participant to immediately cease participation and leave the Program Site.
b. In the event of termination of participation pursuant to section 8.a:
i. The Participant will not be entitled to any refund of program costs.
ii. Where the Participant’s parent/guardian is unable to transport the Participant from the Program Site and YMCA Victoria is required to organise transport, the Participant will incur and be billed for all additional expenses including transportation and supervision of the Participant.
9. Generala. Participants must comply with the program specific terms and conditions in addition to these Conditions. However, to the extent of any inconsistency, these Conditions prevail.
b. These Conditions are governed by the laws in force from time to time in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.
c. Each release or exclusion of liability in this document is for the benefit of YMCA Victoria and YMCA Victoria's Personnel and is held on trust by YMCA Victoria so that its Personnel may enforce these provisions against each Participant. It is not necessary for YMCA Victoria or YMCA Victoria's Personnel to incur expense or make payment before enforcing a right of indemnity under these Conditions.
Acceptable use terms - YMCA Victoria Virtual Y
INTRODUCTION1. This online platform ("Virtual Y") is an interactive platform that allows users who have registered to use Virtual Y services ("Registered Users") to access interactive content (for example, video streaming of exercise classes) and other content available at [virtualy.ymca.org.au]. ("Virtual Y") is owned and operated by The Young Men’s Christian Association of Victoria Incorporated ("YMCA Victoria").
2. Via Virtual Y, YMCA Victoria provides access to interactive material and content (including audio-visual content) which can be viewed via the Virtual Y platform ("Online Materials").
3. This document ("Acceptable Use Terms") governs your use of Virtual Y and the Online Materials. In these Acceptable Use Terms "you" or "your” means the end user accessing Virtual Y.
5. To the extent permitted by law, use of Virtual Y and the Online Materials is at your own risk and you acknowledge and agree that YMCA Victoria disclaims all liability in relation to any video or audio content that you stream or upload, and any personal injury and damage to property in connection with your use of Virtual Y and the Online Materials. See the Conditions of Participation available at [insert hyperlink] for additional terms that you agree apply in relation to, and connection with, your use of Virtual Y and the Online Materials, and that you agree to comply with while using Virtual Y and the Online Materials. Please read those terms and conditions carefully.
6. From time to time these Acceptable Use Terms may be amended and such changes will be posted on Virtual Y. You should periodically review these Acceptable Use Terms and, if you do not agree with any of the changes, you must cease using or accessing Virtual Y. If you disagree with any changes to the Acceptable Use Terms and you have paid for access to any Online Materials, you may notify us within 14 days of the change and we will terminate your access (termination date) and YMCA Victoria will provide a pro rata refund for any amounts you have paid in advance that relates to the period beyond the termination date. By continuing to use Virtual Y, you will be deemed to have accepted the changes to the Acceptable Use Terms.
USE OF THE VIRTUAL Y PLATFORM AND ONLINE MATERIALS7. You must become a Registered User in order to use and access Virtual Y and Online Material.
9. You acknowledge and agree that the Virtual Y video and audio uploading and streaming capability is only intended to allow you (and no other person) to interact with Virtual Y and other Virtual Y registered users who are using the Virtual Y platform. You must not do any of the following without the prior written consent of YMCA Victoria:
(a) upload or stream audio or video content other than audio or video content of you, or created by you;
(b) use the Online Materials or Virtual Y for any purpose other than the Permitted Purpose;
(c) modify or create any derivative works based on the Online Materials;
(d) copy, distribute, transmit, transfer, communicate, publish, rent, lease or sell the Online Materials or any part thereof;
(e) convert the Online Materials into an electronic format other than the one in which it was supplied;
(f) except to the extent permitted by law, reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of Virtual Y or Online Materials or reproduce all or any portion of the said components; or
(g) remove or alter any copyright, trade mark or other proprietary notice that appears in the Online Materials.
10. You must not permit access to Virtual Y or Online Materials by any other person who is not a Registered User, or authorise or assist any other person to do any of the activities in clause 8.
11. By uploading, streaming, transmitting, posting or otherwise making available any material via Virtual Y, you irrevocably license YMCA Victoria to use, reproduce, edit, exploit and sub-license the material in any form and for any purpose, and to publish and communicate the material on Virtual Y, and you unconditionally consent to these actions for the purposes of any moral rights you may have in this material under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions.
12. Without limiting clause 11, we reserve the right to aggregate and analyse data that we collect through the operation of Virtual Y. This may include data that is uploaded, transmitted, posted and otherwise generated by users of Virtual Y in the course of using the services. We may use data analytics tools to produce data products such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices.
14. You acknowledge that:
(b) the Online Materials do not constitute medical advice or related health advice;
(c) you have not made known either expressly or by implication to YMCA Victoria any purpose for which you require the Online Materials and you have the sole responsibility of satisfying yourself that the Online Materials are suitable for your use;
(d) Online Materials may include content from other users of Virtual Y, third party authors or suppliers, or links to third party websites, in which case the statements, opinions and conclusions are those of the other users of Virtual Y, or third party authors or suppliers, and not YMCA Victoria, and if you use or rely upon the Online Materials, or content of other users of Virtual Y or that is available at third party websites, to the extent permitted by law you do so solely at your own risk;
(e) YMCA Victoria, its authors or its suppliers may make changes to the Online Materials at any time in their sole discretion without notice;
(f) YMCA Victoria may, in its sole discretion, remove any content posted by you at any time without notice to you; and
(g) YMCA may charge you for services and events that you book but do not attend. YMCA Victoria also reserves the right to suspend, remove or disable access to Virtual Y or the Online Materials at any time. If you have paid for access to Virtual Y or any Online Materials, YMCA Victoria will provide a pro rata refund for any amounts you have paid in advance that relates to the period beyond the termination date.
15. In the event of any issues or queries with accessing Virtual Y, you may contact the YMCA Victoria helpdesk at firstname.lastname@example.org for assistance.
16. You acknowledge that Virtual Y (and Online Material) will be unavailable when YMCA Victoria performs scheduled maintenance.
17. Some of the services that you can access through Virtual Y may have additional terms and conditions. The additional terms and conditions will be made available to you when you access and use the relevant services. By using any of these services, you agree to the additional terms and conditions for those services.
THIRD PARTY MATERIAL AND YOUR RELATIONSHIP WITH OTHER USERS OF THE WEBSITE18. YMCA Victoria is not responsible for, and accepts no liability with respect to, any material made available on the website by any person other than YMCA Victoria. YMCA Victoria does not endorse any opinion, advice or statement made by any person other than YMCA Victoria.
19. You should make your own assessment of the accuracy, currency and suitability of any information on the website for your own needs. To the extent permitted by law, we exclude liability for any information on the website that contains errors or is out of date.
20. You are solely responsible for your interactions with other users through Virtual Y, including (but not limited to):
(a) any material or information that is shared between you and any other user; or
(b) any material or information that is posted to Virtual Y.
21. You acknowledge that we have no obligation to monitor your (or any other user's) use of Virtual Y, but we have the right to do so at any time for our own business purposes (including as necessary to assess your (or any other user's) compliance with these Acceptable Use Terms, to protect the security and integrity of Virtual Y and YMCA Victoria's systems, or to comply with any law or government authority request).
22. While we reserve the right to become involved in resolving disputes between you and other users where (and to the extent) we choose to do so, we are under no obligation to do so.
23. We may, in our discretion, choose to share information about users (including you) with other users where we think this may assist with resolving a dispute between the users. You agree that:
(a) we may use and share your information with other users for this purpose; and
(b) if we provide you with any such information of other users, you must only use that information for the purpose of resolving the dispute and for no other purposes.
PLATFORM ACCESS AND SECURITY24. During the registration process, YMCA Victoria will provide you with a unique user name and password to access and use Virtual Y and Online Materials.
25. You must:
(a) only register if you are at least 18 years old. If you are under 18, your parent or legal guardian must confirm their consent to your registration during the account set up process;
(b) maintain the confidentiality of your user name and password, and do not allow another person to access or use Virtual Y or Online Materials on your behalf;
(c) notify YMCA Victoria if you become aware of any unauthorised use of your password or any unauthorised person accessing the Online Materials;
(d) ensure that any registration information you submit is truthful and accurate, that you notify us if your contact details change, and that you ensure that your use of the website, including if you upload or stream video content from the country where you access Virtual Y, does not violate any applicable laws; and
(e) ensure the accuracy, completeness and lawfulness of any information or material you share upload to Virtual Y or share with other users through Virtual Y.
26. You must not:
(a) use Virtual Y in breach of any applicable laws or regulations;
(b) use Virtual Y to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;
(c) use Virtual Y to harm, abuse, harass, stalk, threaten or otherwise offend others;
(d) post any obscene, abusive or inappropriate content on Virtual Y;
(e) post any images of other individuals without their consent, or any images of individuals under the age of 18 without such individual's parent or legal guardian's consent;
(f) frame or mirror any part of Virtual Y without YMCA Victoria's written authorisation; or
(g) interfere with, disrupt, or create an undue burden on Virtual Y.
27. Without limiting the above, you must not and must not permit a third party to:
(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Online Materials;
(b) circumvent, disable or otherwise interfere with security-related features of Virtual Y; or
(c) do anything which will or may damage, disrupt access to or interfere with the proper operation of Virtual Y, or upload or permit any virus or malicious code to adversely affect Virtual Y or any associated equipment or data.
28. YMCA Victoria may, at any time and at its discretion, investigate any reported or suspected breach of these Acceptable Use Terms (or other unauthorised or unlawful use of Virtual Y) by you or any other user.
29. In conducting any investigation, YMCA Victoria may use Registered User information and other data that YMCA Victoria has logged in relation to the relevant user's use of Virtual Y.
30. Following an investigation, YMCA Victoria reserves the right to take such actions as it deems necessary to preserve the security and integrity of Virtual Y and/or Online Materials. These actions may include (but are not limited to):
(a) suspending or terminating the registration of any Registered User accounts;
(b) reporting any unlawful conduct to the appropriate authorities; and
(c) otherwise taking appropriate legal action.
(a) provide Virtual Y functionality and Online Materials to you;
(b) contact and communicate with you, including via electronic messaging, in relation to your use of Virtual Y and Online Materials; and
(c) improve our Virtual Y, products and services.
32. If you don't provide any of the information requested, YMCA Victoria may not be able to provide all of Virtual Y functionality, Online Material and other benefits of Virtual Y to you.
33. YMCA Victoria may disclose the personal information it collects about you to our related entities and third parties who provide us with (or help us to provide) Virtual Y, our products and services.
34. YMCA Victoria does not generally disclose personal information outside Australia.
CONFIDENTIAL INFORMATION37. You acknowledge that by using Virtual Y, you may receive or become aware of confidential information of YMCA Victoria including the Online Materials ("YMCA Victoria Confidential Information"). You must keep YMCA Victoria Confidential Information confidential, and not use or disclose it, except to the extent required for you to exercise your rights and perform your obligations under these Acceptable Use Terms.
38. Clause 24 does not prevent you from disclosing YMCA Victoria Confidential Information to the extent required by you to comply with any applicable law.
INTELLECTUAL PROPERTY39. You acknowledge and agree that any rights (including Intellectual Property Rights), title and interest in Virtual Y and Online Materials is owned by, or licensed to, YMCA Victoria. Nothing in these Acceptable Use Terms assigns or transfers the ownership of any rights (including Intellectual Property Rights), title or interest in Virtual Y and Online Materials to you. You acquire no rights in or to Virtual Y or the Online Materials other than as set out in clause 7.
40. In these Acceptable Use Terms, "Intellectual Property Rights" means all present and future copyright rights, all proprietary rights in relation to inventions (including patents), registered and unregistered trade marks, rights in confidential information (including trade secrets and know how), registered designs, circuit layout rights, rights in relation to domain names, all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields and all other rights generally falling within the term “intellectual property rights”.
EXCLUSIONS AND LIMITATIONS OF LIABILITY41. In these Acceptable Use Terms, "Consumer Guarantees" means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
42. Nothing in these Acceptable Use Terms limits, restricts, modifies or excludes:
(a) any rights or remedies you have under the Consumer Guarantees; or
(b) any other rights or remedies that cannot be lawfully excluded by agreement of the parties.
43. The Online Material, Virtual Y and associated services and functionality are provided "as is" and use of Virtual Y and the Online Materials is at your own risk. See the Conditions of Participation available at [insert hyperlink] for additional terms that you agree to uphold whilst using Virtual Y and the Online Materials. By accessing Virtual Y and Online Materials, you assume all risks associated with its use, including the risk that your computer, software, equipment or data may be damaged by any virus transmitted by Virtual Y. With the exception of any Consumer Guarantees that might apply, YMCA Victoria excludes:
(a) all liability in relation to the streaming, uploading, or downloading of video or audio information, including in relation to any information streamed, uploaded, or downloaded by or on behalf of you, or other users of the Virtual Y platform;
(b) all liability in relation to personal injury or damage to property, including as set out in the Conditions of Participation;
(a) any term, condition or warranty that may otherwise be implied into these Acceptable Use Terms, including (but not limited to) any term, condition or warranty that:
(i) Virtual Y or any of its functions will be uninterrupted, available or error free;
(ii) defects will be corrected;
(iii) Virtual Y or any server that makes it available is free of errors, viruses or malicious code; or
(iv) the Online Material is accurate, adequate, reliable, complete, up-to-date or suitable for your intended use;
(b) any liability due to any delay or unavailability of any part of the Online Material, Virtual Y or any of its functionality or associated services;
(c) any liability for any incompleteness or inaccuracy of the Online Materials or other information provided or accessed via Virtual Y;
(d) any liability for loss or damage incurred as a result of or in connection with the negligence of YMCA Victoria; and
(e) any liability for special, indirect or consequential loss, loss of data, loss of business, loss of opportunity, loss of profits, business interruption or loss of reputation, however caused (including through negligence),
arising out of or in connection with the Online Materials, Virtual Y or associated services and functionality or these Acceptable Use Terms.
44. Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again,
(c) the services supplied are 'of a kind ordinarily acquired for personal, domestic or household use or consumption', as that expression is used in section 64A of the Australian Consumer Law;
(d) it is not 'fair or reasonable' for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
(e) the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
TERMINATION AND SUSPENSION45. Notwithstanding any other rights or remedies available to YMCA Victoria under these Acceptable Use Terms, YMCA Victoria may terminate or suspend your access to Virtual Y immediately by written notice to you if you breach the Acceptable Use Terms and, if such breach is capable of being remedied, you fail to remedy the breach within fourteen (14) days of being requested in writing to do so.
GENERAL46. By accessing and using Virtual Y, you agree to submit to the exclusive jurisdiction of the Courts of Victoria Australia. If you access Virtual Y from other jurisdictions, you are additionally responsible for compliance with local laws.
47. You must not assign or otherwise transfer any of your rights or obligations under these Acceptable Use Terms without YMCA Victoria's prior written consent.
48. If any provision of these Acceptable Use Terms are found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Acceptable Use Terms will otherwise remain in full force and effect.
49. The failure of YMCA Victoria to exercise any right shall not be deemed a waiver of that right or any other rights that YMCA Victoria may have.
CONTACTIf you have any queries regarding these Acceptable Use Terms, please contact YMCA Victoria: email@example.com