The Escape to Better Foundation ABN 40 582 629 171 (Escape to Better Foundation, our, or we) owns and operates this Website. Access to and use of this Website and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use).

By using the Website, you are agreeing to all of the Terms of Use and our Privacy Policy, that may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Please read these Terms of Use carefully and immediately cease using our Website if you do not agree to them.

1. Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

2. Licence

  1. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Website in accordance with these Terms of Use. All other uses are prohibited without our prior written consent.
  2. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

3. Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by the Escape to Better Foundation. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

4. Privacy policy

Our Privacy Policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

5. Information

The content on our Website is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

6. Prohibitions

  1.  You must not misuse this Website. You will not:
    1. commit or encourage a criminal offense;
    2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
    3. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
    4. infringe upon the rights of any other person’s proprietary rights;
    5. use this Website including the content in any way that competes with our charity/foundation;
    6. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
    7. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
  2. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

7. Intellectual Property, Software and Content

  1. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of the Escape to Better Foundation or its licensors and are protected by intellectual property laws around the world. All such rights are reserved by the Escape to Better Foundation and its licensors.
  2. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or other wise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

    8. User Content

    1. You maybe permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Website. By making available any User Content on or through our Website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Website.
    2. You agree that you are solely responsible for all User Content that you make available on or through our Website. You represent and warrant that:
      1. you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms of Use); and
      2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or
        regulation.
    3. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

    9. Disclaimer of Liability and Indemnity

    1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
    2. To the maximum extent permitted by law, we make no representations or warranties about our Website or the content, including (without limitation) that:
      1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
      2. access will be uninterrupted, error-free or free from viruses; or
      3. our Website will be secure.
    3. You read, use and act on our Website and the content at your own risk.
    4. To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Website or the content or any inaccessibility of, interruption to or outage of our Website or any loss or corruption of data or the fact that the content is incorrect, incomplete or out-of-date.
    5. To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms of Use or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms of Use and continues after these Terms of Use end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms of Use.

    10. Disclaimer as to Ownership of Third Party Intellectual Property

    Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Escape to Better Foundation and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Escape to Better Foundation.

    11. Termination

    These Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms of Use and limitations of liability set out in these Terms of Use will survive.

    12. Invalidity

    If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

    13. Complaints

    We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by emailing complaints@EtoB.org

    14. Jurisdiction

    1. Your use of our Website and these Terms of Use are governed by the laws of South Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
    2. Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.