Acceptance of these Terms

This website is published by Diabetes Victoria, ABN 71 005 239 510 (Diabetes Victoria, us, we, our).

Diabetes Victoria coordinates the Life! program through funding provided by the State of Victoria. Access to and use of the website, or any of its associated services, is provided by Diabetes Victoria.

By using the Life! website (Website), you agree to be bound by these Terms and Conditions (these Terms).

Diabetes Victoria reserves the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these Terms take immediate effect from the date of their publication.

Relying on Information

The Website is provided by Diabetes Victoria as a general information source only.

You acknowledge and agree that:

  • Any information provided on or through the Website is not in the nature of
  • The Website is not a diagnostic tool, and is not to be used for the specific treatment of any particular condition or issue.
  • Content pertaining to chronic disease prevention or other health information is not a substitute for the advice of a health care professional and should not be relied upon as the basis for any decision or

If you are experiencing any health problems, you should consult your general practitioner or other qualified health provider.

You should seek independent advice from relevant health or industry professionals before acting or relying on any information or material which is available to you on the Website.

Copyright and Intellectual Property

The Website and any related products or services accessed through the Website are subject to copyright and other applicable intellectual property right protection. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the service and compilation of the Website (including, but not limited to text, graphics, logo, recipes, information, button icons, video images, audio clips, website code, scripts, design elements and interactive features) or services accessed through the Website are owned or controlled for these purposes and are reserved by Diabetes Victoria or its contributors.

All trademarks, service marks and trade names in respect of the Life! program are owned, registered and/or licensed by Victorian State Government.

You are granted a limited, revocable, and non-exclusive licence to access and use the Website (Limited Licence) to provide you with a general information source.  You must not access or use the Website for any other purpose, including commercial purposes.  Other than in respect of the Limited Licence, Diabetes Victoria does not grant you any rights whatsoever in relation to the Website or the related services. Diabetes Victoria expressly reserve all other rights.

You may not, without the prior written permission of Diabetes Victoria and the permission of any other relevant rights owners: broadcast, republish, up-load to a third-party, transmit, post, distribute, show, or play in public, adapt, or change in any way the services or third-party services for any purpose, unless otherwise provided by these Terms.

Privacy

Diabetes Victoria takes your privacy seriously and any information provided through your use of the website and/or services are subject to Diabetes Victoria’s Privacy Policy.  Please read Our Privacy Policy carefully before using our website.  Our Privacy Policy forms part of these Terms, and sets out how we will collect, handle and protect your personal information.

General Disclaimer

Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to the above paragraph, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
  • Diabetes Victoria will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee under the Australian Consumer Law), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the use of the Website or its services or these Terms (including as a result of not being able to use the Website or its services or the late supply of the services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and its services is at your own risk. Everything on the Website and its services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Diabetes Victoria make any express or implied representation or warranty about the services or any products or services (including the products or services of Diabetes Victoria) referred to on the Website.

This includes (but is not restricted to) loss or damage you might suffer because of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;
  • component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;
  • the accuracy, suitability, or currency of any information on the Website, the services, or any of its services related products (including third party material and advertisements on the Website);
  • costs incurred because of you using the Website, the services or any of the products of Diabetes Victoria; and
  • the services or operation with respect to links which are provided for your convenience through the Website.

Limitation of liability

To the extent permitted by law, Diabetes Victoria is not responsible for and you release Diabetes Victoria from all liability (including, without limitation, liability in negligence) in respect of any and all expenses, losses, damages, and costs you might incur because of the information provided through the Website or its services being inaccurate or incomplete in any way or otherwise misleading.

To the extent permitted by law, in no event will Diabetes Victoria or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if Diabetes Victoria or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Indemnity

You agree to indemnify Diabetes Victoria, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any content you provide on or through the Website;
  • any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
  • any breach of these Terms.

You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.

You agree not to, or attempt to, circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitation on the use of the Website or the content.

You understand and agree that any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

Dispute Resolution

If you have any concern or dispute about the Website, you agree to first try to resolve the dispute informally by contacting Diabetes Victoria, using the contact details below.

Venue and Jurisdiction

The Website and services offered by Diabetes Victoria are intended to be viewed by residents of Victoria, Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

Governing Law

These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

Contact Us

If you have any questions about these Terms, you can contact us:

By email: life@diabetesvic.org.au

By visiting this page on our website: https://lifeprogram.org.au/contact-us/

By phone number: 13 74 75