Terms of use

HESTA ‘thanks for everything’ 2018

Using this site

By accessing and using this HESTA Thank You website (Site) operated by H.E.S.T. Australia Limited as trustee for the Health Employees Superannuation Trust Australia (we, us, our), you are agreeing that you understand and accept these Terms of Use and our Privacy Policy. Please read all the terms carefully. If you are under 18 years old, please do not use this site without your parent or guardian’s consent to these Terms of Use.

These Terms of Use have been created to help us to participate, in a respectful and open conversation, about people who inspire us, in a safe online environment.  When contributing your views to this Site, please ensure that you follow the guidelines below.  

By accessing and using this Site, you agree to do all things set out in these Terms of Use.

Confidentiality and privacy

We do not wish to collect any personal information about you or others.  Protect your personal privacy and that of others by not including any personal information about yourself or others in your posts (anything such as names, email addresses, addresses, phone numbers or other information or opinion about an identified individual).

However, if you do disclose personal information, it is disclosed for the purpose of sharing stories of inspiring people on this Site and may be also published through other mediums such as radio, television, bulletin boards or through other types of public and private broadcasting.  If you do not provide this information, we will not be able to share your stories.  We may disclose information collected on this Site to third-parties who may be based overseas including data hosting providers and marketing companies.  Our Privacy Policy details how you can complain about our handling of personal information and how we deal with these complaints.  It also states how you can access and correct personal information held by us.

Do not impersonate or falsely represent any other person, including by creating additional accounts on the service.

Do not post any confidential information.  The content that post to this Site will be visible to all users of the Site and not confidential. 

Do not promote commercial interests

This Site is not a place to promote commercial interests.  Do not post or repost anything that could be considered spam or promotes commercial interests.

Discrimination and offensive content

Be mindful when posting descriptions or personal stories. 

Do not post anything which may be seen as:

  • abusive or threatening
  • overtly graphic or political (e.g. reference to candidates or political parties)
  • vilification on the basis of race or religion
  • violent, discriminatory, harassment, victimising or hatred towards others
  • offensive, insulting or humiliating to others, particularly on the basis of their race, colour, descent, national origin, religion, ethnicity, gender, age, sexual orientation or any disability
  • defamatory or libelous
  • unpleasant, insulting, obscene, provocative or hateful
  • encouraging conduct that may constitute a criminal or civil offence or otherwise violate Australian federal or Victorian law.

Please report any content in this Site that you believe is inaccurate, inappropriate or contravenes any of these Terms of Use or our Privacy Policy using the ‘reporting’ function or by emailing us at Contact Us.

Viruses and Security

Do not:

  • knowingly post any content containing a software virus, malware or any other software or content designed to interfere with the proper function of any of our software, hardware or equipment or that of any this Site users
  • attempt to bypass any security measures protecting this Site
  • attempt to damage or gain unauthorised access to any system, data, password, or other information which belongs to us or to another person
  • attempt to access the Site’s source code, underlying ideas, algorithms or similar components
  • take any action that imposes an unreasonable load on our software, hardware or equipment or on that of our third-party providers; or
  • use any kind of manual or automated software or device to “crawl” or “spider” any part of this Site.

Do we monitor the content posted on the Site?

It is not possible to monitor all content posted on the Site at all times. This means that from time to time you may see inappropriate content on the Site before we can remove it in accordance with these Terms of Use. If you wish to report content that you believe is inappropriate, you can do so by using a reporting function or by emailing us at Contact Us.

When will we edit and remove content from the Site?

You understand and agree that we have ultimate editorial control over the Site and may edit, remove or exercise our discretion not to publish any content from the Site at any time for any reason. Without limiting this right, where we identify content that is inaccurate, offensive, inappropriate or contravenes these Terms of Use, we may delete the content.

If you violate these Terms of Use then we may ban you from using this Site. We can suspend or terminate your access to this Site at our sole discretion at any time with or without providing you with notice and we can do so for any reason.

Who is responsible for the content posted on the Site?

All of the content that an individual posts to the Site is their sole responsibility. We are not responsible for the content that is posted by users to the service. We do not endorse the views or material contained in the contributions of members of the public or third party sites. We are not responsible for the content, availability or performance of external sites linked to or hosting the service. 

We do not accept responsibility or liability for, arising from or in connection with content posted on the Site.

We make no representations, express or implied, as to the accuracy or suitability of the information contained on the Site.  All persons accessing the Site must undertake responsibility for assessing the relevance, accuracy and currency of its content.

What if you don’t like the content in the Site?

If you object to any content in the Site due to it being inaccurate, offensive, inappropriate or contravening the Terms of Use, please Contact Us.

All reports will be evaluated and if your objection is upheld the content will be hidden from public view. Please note that we reserve the exclusive right to make the final determination of what is inaccurate, inappropriate or offensive.

Indemnification and Release

If you do something which results in us being sued or if you breach these Terms of Use (including the Privacy Policy), you agree to indemnify and hold us harmless from all costs, losses, liabilities, claims, expenses and all other outgoings of whatever kind suffered or incurred by us (including our legal costs) that arise from or relate to your use of the Site.

Intellectual Property

You confirm that you own or have the right to use any copyright material included in your content and that you are not infringing any person’s rights by submitting the content to the Site.  Do not post material that infringes the intellectual property rights of others.

All intellectual property in the content of the Site (except for the content submitted by you and other users including government agencies) including without limitation the text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to us and are protected by law, including but not limited to the Copyright Act 1968 (Cth). The Site may also contain third party material that is protected by law.

By agreeing to these Terms of Use, you agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, licence to use, copy, modify and otherwise deal with the intellectual property (including but not limited to copyright) in all of the content submitted by you using the Site.

Applicable Law

Your use of the Site and these Terms of Use (including the Privacy Policy) will be governed and construed by the laws of the State of Victoria, which shall have exclusive jurisdiction over any disputes.

Variation

We may revise these Terms of Use (including the Privacy Policy) at any time and with or without notifying you. The updated Terms of Use (including the Privacy Policy) will apply to you from the time that they are posted on the Site. You should visit this page from time to time and review the current Terms of Use because they are binding on you.

We may modify or discontinue any information or features that form part of the Site at any time, with or without notice to you, and without liability.

Other important terms

We do not provide any warranties around any information obtained by you from the Site.  We accept no liability whatsoever arising for any loss resulting from the use of the Site. 

We accept no liability for any interference with or damage to your (or any other user’s) computer, software or data occurring in connection with the Site or any website linked to the Site.

We will not become involved in disputes between you and other users of the Site or between you and third parties.

We specifically disclaim any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing or course of performance or use of the Site.

We do not accept liability for the security, authenticity, integrity or confidentiality of any communication made through the Site.

Please ensure that you keep your own copies of your content, as the Site may not archive, store or back-up your content to make your content accessible online.

Questions

If you have any additional questions about the Site please email us at Contact Us.