TERMS & CONDITIONS

Our Site and its contents are provided on an “as is” and “as available” basis for your personal and general information only.

We may update our Site and change its content at any time without notice to you. Although we aim to ensure the content on our Site is up to date, there may be delays, errors or omissions that could affect its accuracy or reliability. To the extent permitted by law (including Your Consumer Rights where applicable), we do not guarantee that our Site (including product descriptions and any content in it or linked from it) is accurate, complete, up-to-date or free from errors, omissions or unauthorised access.

You may not use our Site (including any content on it) for any marketing or commercial purpose unless you have first obtained our express written permission. You may not publish, reproduce, modify, transmit distribute or otherwise commercially exploit or communicate to the public for any purpose any of 

 

2. THIRD PARTY CONTENT AND LINKS

Our Site may contain content relating to third parties (including information, advertisements or comments) or links to other sites (Third Party Content). Third Party Content is provided for your convenience only and any views expressed by other users on our Site or third party sites do not represent our views or values.

We do not endorse and are not responsible for any representations, opinions, advice, statements, goods, services, offers, or other information or content associated with Third Party Content including content on third party sites.

We make no representations or warranties in relation to (or accept any responsibility for) Third Party Content including content on third party sites. We will not be liable for any loss or damage that may arise from your use or reliance on Third Party Content.

We have strict values which we wish to uphold on our Site which include no swearing, defaming of individuals or inflammatory commentary. We ask you to abide by the spirit of the values of the R U OK? movement when using our Site.

You must not access or use our Site (including using or posting any content) in any way which:

• causes, or may cause, damage to our Site, alterations to our Site or impairment of the availability or accessibility of our Site;
• is unlawful, illegal, fraudulent or harmful or is connected with any unlawful, illegal, fraudulent or harmful purpose or activity;
• is or may be considered to be threatening, harassing, abusive, degrading, hateful, defamatory, intimidating, violent, obscene, indecent, pornographic, fraudulent, false, inaccurate, misleading, deceptive, an invasion of a person’s privacy or otherwise objectionable;
• involves the use of any robot, spider, screen scraper, data aggregation tool or other automatic device or process to process, monitor, copy or extract any content on the Site without our prior written permission; or
• infringes any copyright, intellectual property rights, moral rights, confidentiality rights or other rights of any third party.

We can remove any post you make on our Site if we believe the post is unacceptable.

Unless specified otherwise (for example in our Privacy Policy), any content you upload to our Site will be considered non-confidential and non-proprietary. You agree we may use, copy and distribute any content you upload to our Site or any information associated with your use of our Site for any purpose including disclosing to third parties. We are under no obligation to maintain your content in confidence, compensate you for any content submitted or respond to any of your comments.

You must not do anything which violates or attempts to violate the security of our Site or otherwise misuses our Site including by knowingly introducing any viruses, worms, malware, Trojan horses or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site.

You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or other service provider in connection with, or related to your use of our Site.

Our Site may include a facility for you to make a donation to us to support the work of R U OK? and any of our activities undertaken by us or on our behalf. If you use our Site to make a donation to us, it is important that you complete all details as nominated on our Site (including your details, the method of payment of the donation and the amount of the donation) carefully to ensure that they are correct before clicking on the Donate Now, Submit or other labelled confirmation button on our Site.

Once you click on the Donate Now button on our Site, the donation will be processed, and you will be committed to making the donation. There are no refunds given if you change your mind after clicking on the Donate Now button on our Site.

Subject to any applicable laws or payment system terms, we are under no obligation to give a refund for a donation if an error has been made on your part, but we will endeavour to ensure that any genuine errors are rectified. Your request to consider a genuine error should be made in writing to R U OK? within 60 days and can be sent by email to hello@ruok.org.au.

If we or a third party providing the online donation facility through our Site makes an error in respect of a donation made through our Site, resulting in an amount greater than the donation amount being paid to us, we will make a refund of the amount overcharged to you as soon as possible once we receive notification of the error, with all costs associated with rectification of the error to be borne by us.

Our Site contains links to information and materials for use in fundraising.

You must ensure, prior to commencing any fundraising activity, that the fundraising activity is appropriate, safe and conducted properly. If you are under 16, you must also have express permission from your parent or guardian.

We may direct you to cease using any R U OK? names or trade marks in connection with your fundraising activity at any time if we consider, in our sole discretion, that the fundraising activity is unsuitable, inappropriate or unsafe.

You acknowledge and agree that:

• R U OK? and its directors, employees, agents and contractors are not liable to you for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to our Site, to any material on linked websites, or to your access or use of our Site or any products or services made available by R U OK?, however caused, whether under statute, in contract or in tort, including for negligence, or otherwise.
• you indemnify us in respect of any liability, loss, damage, cost or expense suffered or incurred arising from or in connection with your breach of this clause 5.

Where the fundraising activity involves a physical activity or fitness event, you further acknowledge and agree that:

• you are able to safely perform the fundraising activity including being physically fit and sufficiently trained to participate in and complete the fundraising activity; and
• you are responsible for the safety of any third party or property involved in, or impacted by, the fundraising activity.

6. ONLINE PURCHASES

References to currency on our Site are in Australian dollars unless otherwise specified. 

We may, at our sole discretion, limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account and also to orders that use the same billing and/or shipping address. We will notify you if we apply this limit to you.

We can only ship to Australian addresses at this time.

If you wish to check the cost of shipping and handling before you buy, please click on estimate shipping costs within the cart. All shipping and handling costs are inclusive of GST. We may offer free shipping promotions from time to time.

If some items in your order are not yet in stock, the whole order will be held back until all items are available, as we cannot manage partial shipments. If the out of stock item will not be replenished then a customer service representative from product fulfilment provider will call you to advise and R U OK? will credit you with this component of your order.

For more details about shipping, please see our Shipping & Returns page. That page includes information about estimated delivery times, order tracking and what to do if no one is present when delivery is attempted.

For local delivery (Sydney) - If you are not at the delivery address to accept the shipment, a calling card will be left. You can then either:

• Call your Star-track courier service as per the calling card (Mon-Fri business hours) to re-arrange re-delivery; OR
• Collect your parcel the next business day from your local Post Office. Please ensure you take photo ID. Please collect your parcel or respond within five working days, as the parcel will be returned to the sender if it remains uncollected.

For national delivery (i.e. outside of Sydney) - If no one is present when they attempt delivery, the courier company will either leave your consignment in a safe place (authorised to leave without signature) or the courier will leave a calling card and make the consignment available for collection from a nearby Star-track or Australia Post retail outlet.

7. OUR RESPONSIBILITIES TO YOU

We acknowledge that, in some circumstances, you may have rights under laws which cannot be excluded, modified or restricted. For example, where applicable, your rights under the Australian Consumer Law include the rights for goods to match their advertised descriptions and services to be fit for their specified purpose and be provided with care and skill. You can find out more about these rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and fair trading authorities in Australian states and territories. Nothing in these Terms & Conditions (including this section) excludes, modifies or restricts these rights. 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site, any content on it or linked from it including Third Party Content, whether express or implied.

Your use of our Site is entirely at your own risk. In particular we exclude to the extent permitted by law, any liability to you (whether in contract, tort (including negligence), statute or otherwise) arising under or in connection with:

• your use of, or inability to use our Site;
• your use of or reliance on any content displayed on or linked from our Site;
• any losses resulting from a security failure or computer viruses; or
• any loss of profits, sales, business opportunity, goodwill, reputation, anticipated savings, data, opportunities or revenue, business interruption or any indirect, special or consequential loss resulting from your use of, or inability to use, our Site or its content.

Where any law implies a warranty which may not lawfully be excluded, our liability for any breach of that warranty will be limited (to the extent permitted by law, and at our election) to either re-supplying the affected service, goods or content to you or refunding any amounts you have paid us for it.

We recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software for each device you use to access our Site.

8. INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in or attaching to our Site and in the material published on it by us.

These Terms of Use do not transfer to you any intellectual property rights in or attaching to our Site or its content. Our trademarks/logos and all other trademarks, service marks, graphics and logos used in connection with our Site are either our trademarks or may be the trademarks of third parties.

Your use of our Site does not grant you any right or license to reproduce or otherwise use any of our, or a third party’s, intellectual property or trademarks.

9. ACCESS TO OUR SITE

We do not guarantee that our Site will always be available or be uninterrupted. We may suspend or withdraw, discontinue or change all or part of our Site without notice.

10. TERMINATION

We may terminate your access to all or any part of our Site at any time at our discretion without notice.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

11. GENERAL

If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

Any part of the Terms of Use that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining components of the Terms of Use enforceable.

These Terms of Use and your use of our Site are governed by the laws of New South Wales, Australia. Our Privacy Policy is incorporated into these Terms of Use.

You can read our Privacy Policy here.

Thank you for visiting our Site. To contact us, please email hello@ruok.org.au.