Terms of Use
1. Use of this website and any information and/or goods and/or services provided through this website is subject to the following terms of use and any additional terms of use, rules, disclaimers and notices displayed elsewhere on this website from time to time (together, Terms of Use).
2. For the purpose of this website, "DineforLanka", "we", "our and "us" means any one or more of members of the DineforLanka committee acting for and/or on behalf of Kind Hearted Lankans Incorporated ABN 39 408 106 253 (KHL) (an association incorporated in Victoria, Australia). Those individuals have been authorised by KHL to conduct the fundraising activities described on this website for and/or on behalf of KHL.
3. By accessing this website, you are deemed to have read, accepted and agreed to comply with these Terms of Use. Except as required by law, information and material contained on this website is provided without any express or implied warranty and is subject to change.
4. Copyright in the material in, or available on, this website is owned by us or our licensors. Users of this website may download information from this website and print out that information, but only for their own private, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth), no part of this website may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent.
5. Neither we nor KHL makes any warranties or representations that access to this website will be secure and free from viruses.
6. Information on this website has been provided for personal, non-commercial use only, to provide information in relation to the fundraising initiatives the subject of this website.
7. Nothing in this document excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar state or territory legislation (Non-Excludable Provision). However, to the maximum extent permitted by law, our and KHL's liability for failure to comply with any Non-Excludable Provision is limited (at our or KHL's option, as applicable):
(a) in the case of goods: to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods required (as determined by us);
(b) in the case of services: to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by us); or
(c) where we or KHL are permitted to do so, by excluding our or KHL's liability for or arising out of any (except to the extent it constitutes significant personal injury caused by our or KHL's reckless conduct):
(i) death of any person;
(ii) physical or mental injury to any person (including the aggravation, acceleration or recurrence of physical or mental injury);
(iii) the contraction, aggravation or acceleration of a disease of any person; and
(iv) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to any person, that is or may be harmful or disadvantageous to that person or the community, or that may result in harm or disadvantage to that person or the community.
Except as specified in this section, to the extent permitted by law, we exclude our all liability to any person (including any user of this website), whether in contract, tort, statute or otherwise, or in any manner related to these Terms of Use or this website (including the fundraising initiatives the subject of this website).
8. This website may contain links to other websites that are not operated or controlled by us. Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by us. Neither we nor KHL is not responsible for the content of third party websites. Users of this website access those websites at their own risk.
9. Users of this website indemnify us and KHL in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by us as a direct or indirect result of them acting inconsistently with or breaching any part of these Terms of Use.
10. This website may be accessed throughout Australia and overseas. Neither we nor KHL makes any representation that this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and you are responsible for complying with the laws of the jurisdiction where you access this website.
11. If any provision or part of a provision of these Terms of Use is held or found to be void, invalid or otherwise unenforceable (whether in respect of a particular party or generally), it will be deemed to be severed to the extent that it is void or to the extent of violability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.
12. This website is enabled for online donations and payments using a secure server. However, despite the security on this website, you should be aware that there are inherent risks in transferring information across the Internet.
13. We reserve the right to change these Terms of Use without notification of change.
14. These Terms of Use will be governed by the laws of New South Wales, Australia. Users of this website agree to submit to the non-exclusive jurisdiction of the courts of New South Wales in the event of a dispute arising out of, or in connection with, any use of this website (including the fundraising initiatives the subject of this website).