Website Terms of Use

The website and services available at rosesintheocean.com.au (the Website) are governed by these Terms of Use.  The Website is operated by Roses in the Ocean Ltd ABN 36 152 499 075 (“Roses in the Ocean”, “us”, “we” and “our”).

Acceptance of Terms of Use

By accessing the Website, you accept these Terms of Use as updated from time to time.  If you do not agree with these Terms of Use (including any subsequent amendments to such terms) you must immediately cease using the Website.

We may update or amend these Terms of Use from time to time.  You should check this page from time to time to make sure you are aware of any changes.

Your use of the Website

You agree to only use the Website in accordance with these Terms of Use and applicable laws.  You may be held personally liable for any unlawful use of the Website.

If you have a complaint or would like to make a comment about any of the content that may be published on the Website, please contact us at enquiries@rosesintheocean.com.au

You are solely responsible for providing (at your cost) all equipment, software and internet access necessary to use the Website.

Information on the website

The Website has been established to provide information about suicide and the lived experience of suicide to the Australian community.

The information contained on the Website is provided by Roses in the Ocean in good faith and on an ‘as is’ basis.  At the time the information is added to the Website, we believe it to be accurate and current.  However, we make no warranty of any kind as to the reliability, accuracy or completeness of the information contained on the Website.

The Website is not intended to provide or be a substitute for professional medical advice, diagnosis or treatment.  You should seek the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances.  You should not disregard professional medical advice, or delay seeking it, because of any information contained on the Website.

 We may, from time to time, change or add to the Website without notice. However, we do not undertake to keep the Website updated and we will not be liable to you or anyone else if errors occur in the information on the Website, or if the information is not up to date.

Website availability

We use reasonable efforts to make sure that you can access and use the Website at all times, but we make no warranty of any kind that your use of the Website will be uninterrupted or error free.

Despite our efforts, our Website may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to the Website.  We will not be responsible to you or anyone else if these things occur.  Your use of the Website is at your own risk and the Website is provided to you “as is” and “as available”.

Website intellectual property

Unless otherwise indicated, all intellectual property rights in the Website (including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces and layout) are owned by Roses in the Ocean or used under licence.

You may access, download, and print the content from the Website (in its unaltered form) for your own personal use only.  You may also reproduce content marked as being owned by Roses in the Ocean for non-commercial, personal or educational purposes free of charge, provided that reproduced Roses in the Ocean content:

  • remains branded “Roses in the Ocean”, and includes an acknowledgement to Roses in the Ocean made prominently, including a link to the Website; and
  • is not reproduced or published in a manner which damages or dilutes the reputation of Roses in the Ocean or which creates a misleading impression that Roses in the Ocean is associated with, or a sponsor of, the person reproducing the content; and
  • is not altered or reproduced in a misleading context.

If you have downloaded any material from our website under a Creative Commons licence, then the material must only be used in accordance with that licence.

Except for these purposes, or as otherwise permitted under applicable law, you may not, in any form or by any means:

  • permanently copy, adapt, reproduce, upload to a third party, link to, store, distribute, transmit, print, display, perform, publish or create derivative works by any process, any part of the Website; or
  • commercialise any information obtained from any part of the Website, without the specific written consent of Roses in the Ocean.

The Website also includes trade marks which are protected by law.  You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

Nothing contained on the Website should be construed as granting any licence or right of use to the intellectual property in any material which is displayed on the Website (other than as set out above) without the express written permission of Roses in the Ocean or the relevant owner.

To seek our consent, or to request further information, please contact us at enquiries@rosesintheocean.com.au.

Linked Websites

The inclusion of a link to a website run by an organisation other than Roses in the Ocean (Linked Website) should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of that Linked Website, or for any information, product or service referred to on that Linked Website.

Your use of any Linked Website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Website and not by these Terms of Use.  We have no control over or rights in any Linked Website.

We are not responsible or liable for third party content or information, and do not warrant the accuracy, currency or suitability of that information for any purpose.

You may link to our Website provided you do so in a way that accurately indicates that the link is to a Roses in the Ocean page and is not misleading.

Social media

We have a number of social media accounts, including Facebook, Twitter, YouTube, Instagram and LinkedIn (collectively known as our Pages).  We may remove your comments or other posts from our Pages if, in our opinion, your content is or may potentially be:

  • misleading, false or deceptive or otherwise contrary to law or regulation;
  • defamatory, discriminatory, abusive, threatening, offensive, obscene or racially vilifying;
  • inappropriate, off topic or vexatious;
  • spam, promoting a product or commercial service, or soliciting business; or
  • breaching confidentiality, privacy or third party rights.

All content on our Pages is also subject to individual terms of use as outlined by the relevant social media provider.  By interacting with our Pages, you agree to be bound by the terms of use of the relevant social media provider.

Privacy

Any personal information we collect about you via the Website will be dealt with in accordance with our Privacy Policy.

We may also use cookies to identify your computer on our server and so we can track your use of the Website.  In some instances, cookies may collect and store information about you.  Such information will only be used by us in accordance with our Privacy Policy.  If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

Security

The transmission of information over the internet is not completely secure or error free.  While we take steps and have reasonable measures in place to secure information provided or processed through the Website, we cannot guarantee the absolute security of information on or processed through the Website.  In particular, emails to or from us and information submitted to or accessed via the Website may not be secure and you should use discretion in deciding what information you send to us via these means.

Emails to or from us may undergo email filtering and virus scanning, including by third party contractors.  We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Liability

To the extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for any loss, damage or injury (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise resulting from your access to (or inability to access) or use of the Website, or as a consequence of any content, information or services obtained from or through the Website.

Nothing in these Terms of Use restrict, exclude or modify any rights that cannot be excluded under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth).  If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the fullest extent permitted by law, limited (where permissible) to, at our election, replacing or resupplying the relevant goods or services, or paying the cost of such replacement or resupply.

General

These Terms of Use are governed by the laws of Queensland.  In the event that we have a legal dispute relating to the Website or these Terms of Use, you agree that Queensland courts will have jurisdiction.

Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Website content.

Last updated: January 2020