Terms of Use

Terms of Use

About the Starick Respectful Relationships Sport and Recreation Program website

The Starick Respectful Relationships Sport and Recreation Program website is provided by Starick Services Inc. (Starick) for individuals and organisations participating in the Respectful Relationships Sport and Recreation Program (RRSRP).

If you have any questions, concerns or suggestions about the website, please email Starick’s Respectful Relationships team at rrsrp@starick.org.au

About these Terms of Use

These Terms of Use apply to individuals and organisations which access and use the RRSRP website and any associated software and third-party technologies used by the website (collectively referred to as the RRSRP website).

These Terms of Use set out the rules that apply to your use of the RRSRP website, for example:

• using the RRSRP website properly – not for harming others or harming the system;
• following the law;
• giving the right information; and
• the limitations of the RRSRP website.

By accessing or using the RRSRP website you are agreeing to these Terms. Any person using the RRSRP website for an organisation is agreeing to these Terms on behalf of that organisation – and represents and warrants that the person can (and is authorised) to do so.

If you don’t agree to ALL these Terms, then do not access or use the RRSRP website.

These Terms apply to:

• you – the individual (or organisation) who uses the RRSRP website; and
• Starick (also called we or us).

These Terms may only be varied by Starick. Starick may, at any time and at its absolute discretion, vary these Terms. If these Terms are changed, we will state this on the RRSRP website.

If you don’t agree with the changes, then do not continue to use the RRSRP website. If you continue to use the RRSRP website, the changed terms will apply from the time they were changed. The changed terms will replace any previous RRSRP website Terms.

Using the RRSRP website

Finding information and resources, and linking with other RRSRP participants

The RRSRP website is designed to help you find information and resources that you’re looking for quickly and easily, even if you’re not sure what you require. You are also able to upload content that is relevant to the RRSRP.

You agree to upload content that:

• is consistent with the intended aims of the RRSRP
• has been approved by the identified person/s and or club when a person and/or club is identifiable in an image (image, text, audio
• supports positive and open discussion
• is able to be shared and adapted by other organisations implementing respectful relationships initiatives
• you have been given access to by the owner.

Follow the law and these Terms of Use

You are responsible for complying with these Terms, and with all laws (and any other terms) that apply to your use of the RRSRP website. If you are an organisation, you are also responsible for ensuring such compliance by anyone who uses the RRSRP website on your behalf.

Giving the right information

You must be honest when using the RRSRP website. If you knowingly provide false or misleading information, you may be subject to penalties or have your access cancelled.

Being honest includes:

• providing the right information when using the website;
• not pretending to be another person;
• not giving access to the website to someone else unless they have been properly authorised by Starick.

Using the RRSRP website for the right reasons

Use the RRSRP website only for interacting with the RRSRP and other participants

You must use the RRSRP website in accordance with these Terms solely for lawful purposes and to participate in the RRSRP.

Don’t use the RRSRP website for other things

You must not use the RRSRP website for any other reason. You must not use the RRSRP website in any way other than as set out in these Terms. For example, you must:

• not resell or make the RRSRP website available to any third party, or otherwise commercially exploit the RSRP website;
• not (nor attempt to) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms on any part of the RRSRP website or the technology it uses;
• not (nor attempt to) frame or mirror any part of the RRSRP website, or delete any attributions or legal or proprietary notices on the RRSRP website; and
• not monitor or copy the RRSRP website, not change, translate or otherwise create derivative works of the RRSRP website, not use any software (like bots, scraper tools etc) to access, monitor or copy the RRSRP website, and not use the RRSRP website or its contents to build or inform a competitive product.

Using the RRSRP website in the right way

You must:

• not attempt to bypass or undermine any security measures in respect of the RRSRP website or any technology it uses;
• not access or use the RRSRP website using automated means (whether or not including the use of bots or artificial intelligence);
• not use (or misuse) the RRSRP website in any way that may impair the functionality of the underlying systems or technology used by the RRSRP website, or impair the ability of any other user to access or use the RRSRP website;
• not use the RRSRP website in a way that violates anyone else’s rights (including intellectual property rights) or privacy, or encourages unlawful conduct;
• not use the RRSRP website in a way that could be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, intimidatory, abusive, racist, discriminatory or sexually inappropriate;
• not attempt to view, access or copy any material or data that you are not allowed to access – or any material or data that you don’t need in order to use the RRSRP website in accordance with these Terms; and
• comply with applicable laws and regulations that are in force when you access the RRSRP website.

Privacy and electronic communication

Privacy

By using the RRSRP website, you agree to the collection, use, storage and disclosure of your information, as set out in the Starick Privacy Policy. You also agree that we can monitor and review the activities of RRSRP website users.

Electronic messages

You agree:

• to receive notifications (including messages, requests, notices and other documents and information) via electronic communication, including by email and electronic notifications on your mobile device; and
• that any such notifications satisfy all legal requirements for written communication.

You are responsible for reading, and (where applicable) responding in a timely manner to, all notifications we issue to you. Please contact us at rrsrp@starick.org.au if:

• you do not agree to receive such notifications electronically; or
• you wish to specify who can receive electronic notifications on your behalf.

Images of people now deceased

Starick is aware that many Aboriginal people and Torres Strait Islanders are offended by the depiction of deceased members of their communities. While we have made every effort to ensure that only pictures of Aboriginal people and Torres Strait Islanders still living are used on this website, visitors to the website are warned that it may contain images of people now deceased. Please let us know if you know of the death of any Aboriginal or Torres Strait Islander person depicted on this website.

No liability

Starick, subject to relevant laws and WA Government policies, will take all reasonable precautions to protect and safeguard information (including personal information and confidential information) from unauthorised access or disclosure or other misuse or loss. However, if any unauthorised access or disclosure or other misuse or loss to, or disclosure of, this information occurs (whether through the RRSRP website or otherwise), Starick is not liable for any loss or damage, directly or indirectly, suffered by any person.

Limitations of the RRSRP website

Disclaimer

Information is presented on the RRSRP website for the benefit of participants in the RRSRP. We take reasonable efforts to ensure the accuracy, currency and reliability of the information on the RRSRP website. However, we do not guarantee its accuracy – for example, changes in circumstances after publication may impact its currency and relevance.

No warranties

The RRSRP website is provided ‘as is’ and ‘as available’. Except as required by law, Starick does not make any claims (and hereby disclaim any warranties) relating to:

• quality, performance or fitness for any particular purpose of the RRSRP website;
• accuracy or reliability of the RRSRP website;
• non-infringement of third party rights (including intellectual property rights); or
• anything else to do with the RRSRP website or any associated activities/services.

Nothing that we say or write creates any warranties in respect of the RRSRP website.

If there are any service quality standards (also known as SLAs) for the RRSRP website, these represent only a non-binding target that Starick may work towards. They are not a representation, warranty or commitment in respect of the RRSRP website (including in respect of their quality or availability).

The law may have warranties for the RRSRP website that we cannot lawfully exclude or change – those warranties will apply to the RRSRP website as required by law.

Errors and interruptions

Starick is not responsible for:

• making sure the RRSRP website is error free;
• ensuring any defects with the RRSRP website will be fixed; or
• ensuring that you have continuous access to the RRSRP website.

Third party technologies

The RRSRP website uses technology and services that are provided by third parties. The technology and services may not always work as expected. As with the other aspects of the RRSRP website, Starick is not responsible for the operation of those technologies and services, or for making sure they are error-free.

We may change or withdraw the RRSRP website

Starick may, at any time, and without notice or liability to you:

• change the RRSRP website (including its content and how it works);
• change how and when the RRSRP website is available; or
• suspend or discontinue the RRSRP website (in whole or in part).

We can cancel your access to the RRSRP website

Starick may, at any time, and without notice or liability to you:

• terminate, suspend, restrict or disable your access to or use of the RRSRP website;
• change who can use the RRSRP website.

This could be because you do not comply with these Terms or with your legal obligations – or it could be for any other reason, including reasons relating to Starick’s internal operations.

If your access to the RRSRP website is terminated or suspended, you can still interact with Starick in other ways (for example, by mail and email). Contact us at rrsrp@starick.org.au for more information.

Limitations on our liability to you

Use of the RRSRP website is at your own risk

If the RRSRP website is defective, you won’t be reimbursed for any costs of fixing it – or fixing any damage or loss arising from it.

Information and links

All information relating to, or presented on, the RRSRP website is of a general nature only. You will need to seek professional advice in relation to your particular circumstances, and make your own assessment of the accuracy and completeness of the information provided on the RRSRP website. In addition, we take no responsibility for:

• your use of external sites that might be linked to (or through) the RRSRP website; or
• any automated translation or other automated services you use in connection with your use of the RRSRP website.

We are not liable for loss

Starick are not liable for personal injury, or for any loss or damages whatsoever (including incidental, special, indirect or consequential damages) including, without limitation:

• loss or corruption of data or damage to any technology;
• loss of profits or income, loss of opportunity;
• interruption to your business or delay to any activity; or
• any other loss or cost.

arising out of or related to your use of (or inability to use) the RRSRP website, or any unauthorised use of the RRSRP website, however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised Starick of the possibility of such loss or cost.

Your rights at law

Some jurisdictions give you rights at law that can’t be limited or excluded – and so some of the above limitations might not apply to you. In that case, they apply only to the maximum extent permitted by law.

If Starick is liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), Starick limits its liability under those provisions to:

• supplying the RRSRP website or any relevant services again; or
• the payment of the cost of having the RRSRP website or relevant services supplied again, as Starick choses.

Your liability to us

You are responsible for and indemnify Starick against any loss or damage to any person arising from any breach of these Terms, from the provision of any material and from any wilful negligent or unlawful act or omission by you in relation to or in the course of your use of the RRSRP website. Your responsibility for actions or omissions will continue despite you ceasing to use the RRSRP website or having been denied access to the RRSRP website.

Intellectual property rights

Starick owns all rights in the RRSRP website and the technology it uses. It is licensed (not sold) to you.

All other intellectual property rights in the RRSRP website are subject to the licence set out in these Terms. The licence is for you to use the RRSRP website for the sole purpose of accessing information relevant and useful for your participation in the RRSRP, and linking you to other participants. You may copy, distribute, display, download or print the material on this website for your own personal use, for non-commercial educational purposes or for non-commercial use within your organisation, provided you attribute the source of the information and reference any copyright or licence conditions.

Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the provisions of the Copyright Act 1968, or where different copyright terms are expressly stated, no part may be reproduced or re-used for any commercial purposes whatsoever without prior written permission of Starick.

Where the work is not owned by Starick, please contact the original copyright holder.

Starick reserves all rights in and to the RRSRP website (including in respect of technology, trade marks and branding) that are not expressly granted to you under this licence. You agree not to challenge or dispute those reserved rights.

If you provide us any feedback about the RRSRP website, we may use and disclose your feedback without any obligation to you. We own all rights in anything created as a result of that feedback (including any changes to the RRSRP website).

Applicable law, disputes and interpretation

Laws of WA

These Terms are governed by and interpreted in accordance with the laws of Western Australia, and the courts of Western Australia will have exclusive jurisdiction in respect of any dispute which may arise.

Disputes

Before filing a claim or complaint against Starick you agree to attempt to resolve the dispute by first emailing rrsrp@starick.org.au. We will attempt to resolve the dispute within 60 days of receiving your email. If we are unable to resolve the dispute, you may commence formal action.

Interpretation

In these Terms of Use:

• we or us means Starick Services Inc.;
• RRSRP website means the RRSRP website, and all associated websites, software and content associated with, or accessible through, that website;
• you means the individual who is using the RRSRP website;
• transaction includes making applications or referrals, and disclosing or obtaining information about a person;
• notifications includes messages, requests, directions, notices, and other documents and information;
• person or individual includes organisations;
• organisation includes firms, companies, partnerships, joint ventures, associations and other body corporates, and any of their successors or permitted assigns; and
• including, for example and similar words do not imply any limit.

If any part of these Terms is illegal, unenforceable, or invalid, that part is deemed to be changed as required so that it is no longer illegal, unenforceable, or invalid, and the remaining parts of these Terms remain in full effect. Our failure or delay in enforcing these Terms is not a waiver of our right to do so later.

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Privacy Policy

Privacy Policy

Policy Statement

It is the policy of this organisation to operate our business in a manner that consistently meets or exceeds the  legal rights of persons in regard to the privacy and confidentiality of information relating to them by ensuring compliance with the provisions of relevant privacy legislation.

Purpose

Starick will ensure that only such information as is necessary for employment and business purposes is collected and that this information will only be accessible by persons who are specifically authorised to access the information.

Responsiblities

To meet our obligation to comply, we will ensure that the following principles are adhered to by the organisation’s workplace participants.

Privacy Principles

We will ensure that we comply with these principles in regard to:

1. The necessity of personal information to be collected, and the means of collection of this information.
2. The use or disclosure of personal information about an individual.
3. Ensuring that information held is accurate, complete and up to date.
4. The protection of information from misuse, loss and unauthorised access, modification or disclosure.
5. The way in which personal information is managed, including the right of individuals to know what type of personal information relating to them is collected, held, used or disclosed.
6. Allowing individuals reasonable access to information held about them to the extent allowed by law.
7. The identification of individuals.
8. The right of individuals to anonymity when entering into transactions where lawful and practicable.
9. The transfer of personal information to persons in a foreign country except where allowed by law.
10. The collection of sensitive information without consent or legal authority.

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