This is the website of Thrive by Five, a not-for-profit initiative of The Minderoo Foundation Pty Ltd as trustee for The Minderoo Foundation Trust (Minderoo Foundation). By using the pages in this website, you agree to these terms and conditions. If you do not agree, you should not use this website. We may change or update these terms and conditions from time to time.
The content on this website is for general information and promotional purposes only. We do not warrant or make any representations as to any third party products or services described or referred to on this website. Any use of this website’s content, materials or information by another person or organisation is at your own risk.
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 third party content on this website is not an endorsement of any organisation, product, service or advice.
This website contains trade marks, logos and trade names of Minderoo Foundation or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on this website.
All intellectual property rights, including copyright, in this website and its content are owned or licensed by Minderoo Foundation or any of its related entities. All rights are reserved. Apart from any use permitted under the Copyright Act 1968 (Cth), you must not copy, frame, modify, transmit or distribute the material at this website without the consent of the copyright owner.
You may save a local copy or print a copy of material at this site for your own personal non-commercial use, provided the copyright notice on the material is not removed. However, you may not charge for such use and any commercial use is expressly prohibited. This means, for example, that you must not post material from this site to a local intranet site, or distribute the material for your own commercial purpose, without the copyright owner’s permission.
You are welcome to link to this site, provided that in doing so:
- you do not use any trade marks featured without the permission of the trade mark owner; and
- you do not link to this site from a site or in a manner which disparages the reputation of Minderoo Foundation, its related bodies corporate, related entities, suppliers or advertisers.
For permission to use text information or photographs from this website in a manner other than that stated above, please contact us at info@thrivebyfive.org.au.
If you have any questions about this website, or if you find any errors, please contact us at info@thrivebyfive.org.au.
Restrictions and limitations of liability
Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Subject to the remainder of this section, we do not warrant the accuracy, adequacy, reliability or completeness of the information and materials in this website and expressly disclaims liability for errors or omissions in such information and materials.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Minderoo Foundation for a breach of a non-excludable guarantee is limited, at Minderoo Foundation’s option, to:
(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Minderoo Foundation will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with this website, the content on this website, all links to or from this website or the goods and services advertised or referred to on this website.
The maximum aggregate liability of Minderoo Foundation for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
This website may be linked to other sites that are not maintained by Minderoo Foundation. Minderoo Foundation is not responsible for the content of those sites. We have not reviewed all of the third party websites linked on this website and are not responsible for and will not be liable in respect of their content or accuracy. The inclusion of any link to such sites does not imply endorsement, support or sponsorship by Minderoo Foundation of the other sites, their operators, the goods, services or content that they describe and Minderoo Foundation makes no representations whatsoever about any other website which you may access through this website.
Facebook, Twitter and other third party websites which are linked to this website, are not covered by these terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Minderoo Foundation 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. Minderoo Foundation is not responsible for and will not be liable in respect of any incorrect link to an external website.
Disclaimer
The material in this website could include technical inaccuracies or typographical errors. We may make changes or improvements at any time.
Information on the this website, or those of any of its related entities, or related bodies corporate, is provided with the understanding that we are not rendering professional advice or recommendations. You should not rely on any information on this website to replace consultations with qualified professionals to meet your individual needs.
General terms
Prohibited uses
You agree that in accessing and using this website, you will not engage or attempt to engage in any activities that:
- download (other than page caching) or modify this website or any portion of this website;
- impersonate or falsely claim to represent a person or organisation;
- are commercial, including selling, marketing, advertising or promoting goods or services;
- frame this website without our express written permission;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use this website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
- post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
- bypass (or attempt to bypass) any security mechanisms imposed by this website;
- provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
- delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any material contained in this website; or
- knowingly post or transmit or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material.
Access and communication
Subject to the consumer guarantees provided for in the ACL, Minderoo Foundation does not warrant that you will have continuous access to this website and will not be liable if this website is unavailable to you. Whilst Minderoo Foundation takes reasonable precautions to protect information transmitted via this website, Minderoo Foundation cannot and does not guarantee the security or confidentiality of these communications or the security of this website.
Minderoo Foundation does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across this 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.
Termination of your access to this website
We may at any time immediately terminate your access (including restricting access) to this website or any feature of this website for any reason (including due to your breach or alleged breach of these terms) in its sole discretion and without prior notice.
Jurisdiction and law
These terms are governed by and must be construed in accordance with the laws of the State of Western Australia, 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.
International use
We make no representation or warranty that any offering or content accessible through this website is appropriate or available for use in locations outside Australia. If you choose to access this website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access this website from any location where doing so would be illegal.
Severability
Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.
Feedback and complaints handling procedure
We welcome feedback and uses best efforts to attend to all complaints promptly. Please email us at info@thrivebyfive.org.au
